Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Workers' Representatives Convention, 1971 (No. 135) - Netherlands (Kingdom of the) (Ratification: 1975)

Recalling that according to paragraph 17(1) of the Workers’ Representatives Recommendation, 1971 (No. 143), trade union representatives who are not employed in the undertaking but whose trade union has members employed therein should be granted access to the undertaking, the Committee requests the Government to inform on the outcomes of the discussion due to take place at the Parliament. The Committee further requests the Government to continue informing about the content of collective agreements in this respect.

Article 5. Coexistence of trade union representatives and elected representatives in the same undertaking. In its previous comment, the Committee requested the Government to reply to FNV’s concern that the 2013 amendment to the Works Council Act ended the equality between trade union members and non-union members regarding the nomination process for works council elections. The amendment allows individual workers to nominate themselves without needing support, while trade union members must submit a list of supporters for the same position. The Committee takes due note of the Government’s indications that: (i) this requirement was removed to reduce barriers for workers to stand for election and address the issue of unfilled vacancies in the Works Council; and (ii) the trade unions still have the right to hand in a list of candidates and the only prerequisite is that they consult their members on the list of candidates the outcome, of the consultation of the members not being binding for the trade union.

The Committee finally refers to its comment under the Right to Organise and Collective Bargaining Convention (No. 98), 1949 in which it requests the Government to provide information on the possibility under the Dutch system to engage in collective bargaining with work councils rather than with trade unions

Previous comment

New legislation adopted. The Committee notes that a new Civil Code has entered into force on 1 September 2021.

Article 1 of the Convention. In its previous comment, the Committee requested the Government to indicate the legal sanctions and remedies applicable in case of infringements of section 1615h of the Civil Code then in force – prohibiting the termination of the labour relation due to a worker’s affiliation to, or membership of, a worker’s representative organization or due to his/her engaging in activities for the same. The Committee notes the Government’s indication that former section 1615h of the Civil Code is reflected in section 670.3 of the new Civil Code and that there are no sanctions nor remedies attached to the violation of this section. The Government further indicates that section 649a.1 of the Civil Code prohibits discrimination based on a worker’s affiliation to, or membership of, a worker’s representative organization and is broader in scope than section 670.3. The Government also indicates that pursuant to section 649a.2 of the Civil Code, without prejudice to section 670.3, termination of the employment contract by the employer is voidable when the employee has invoked a violation of section 649a.1. While taking note of these provisions, the Committee recalls that the Government shall ensure effective protection to workers’ representatives in the undertaking against any act prejudicial to them and based on any of the motives specified in Article 1 and that such acts do not limit themselves to the termination of employment. It therefore requests the Government to provide information on whether infringements upon sections 670.3 or 649a of the Civil Code may lead to other remedies and sanctions than the annulment of the termination of employment.

Article 2. In its previous comments, the Committee had requested the Government to indicate the measures taken to formalize some facilities concerning the access of the trade union leaders to the workplace of the employer and the distribution of union materials in the private sector. The Committee takes note of the Government’s indications that the issue has been included in some collective agreements, but there are no laws governing access to the workplace by the trade union leaders and that employers remain free to grant such access. Recalling that according to Article 2 of the Convention facilities in the undertakings shall be afforded to workers’ representatives as may be appropriate, in order to enable them to carry out their functions promptly and efficiently, the Committee requests the Government to provide information on the measures taken in this respect. It also requests the Government to provide a copy of the collective agreements addressing this question.