Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Netherlands (Kingdom of the)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) (Ratification: 1966)
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) (Ratification: 1969)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 121 (employment injury benefits) and 128 (invalidity, old-age survivors’ benefits) together.

Article 14 of Convention No. 121. Assessment of incapacity for work. The Committee previously requested the Government to provide information on the procedure and criteria for the assessment of incapacity for work applied for the purpose of entitlement to benefits under the Work and Income (Employment Capacity) Act 2006 (WIA).

In its reply, the Government indicates that the assessment of incapacity for work is based on a loss of earning capacity. The process includes the assessment of the applicant’s health status by a social insurance physician and a labour expert. The labour expert assesses the type of work applicants can still perform given their remaining abilities. For this purpose, the labour expert compares the salary the applicant earned before becoming incapable of work with the median salary of the three selected positions from the Claim Assessment and Guarantee System that could be suitable for the applicant. This represents the theoretical assessment of incapacity for work. The Government further indicates that from 1 July 2024, a practical assessment was introduced as a temporary measure until 1 July 2027, applicable to persons who are still working. Compared to the theoretical assessment, which estimates what the applicant can still earn, the practical assessment examines whether the job the applicant currently performs is suitable for him/her.

The Committee notes the observations of the FNV, the CNV and the VCP, indicating that the lack of a theoretical assessment could lead to the WIA system becoming more unbalanced and detriment the employee’s position. In particular, the FNV, the CNV and the VCP indicate that, under the new procedure, the assessment is based solely on paperwork, without direct contact with a social insurance physician or a labour expert. The assessment now relies heavily on the company doctor, employed by the employer, and cannot be regarded as independent. The FNV, the CNV and the VCP emphasize the need for stronger safeguards and monitoring.

In its reply to the observations of the FNV, CNV, and VCP, the Government indicates that conducting only practical assessments generally results in a higher benefit level compared to theoretical assessments. The Government emphasizes that a practical assessment is done very carefully. While the role of the social insurance physician is smaller compared to the theoretical assessment, it remains important under current arrangements. According to the Government, undertaking the assessment based on the person’s actual work contributes to an adequate assessment of the loss of earning capacity.

The Committee requests the Government to continue to provide information on the methods used to assess incapacity for work, including the outcomes of implementing practical assessments, particularly the number of appeals against assessment decisions, as well as any difficulties encountered and results achieved.

Article 15 of Convention No. 128. Early retirement for workers in arduous and unhealthy occupations. In its previous comments, the Committee noted that workers can receive payments before they are entitled to a national old-age pension under the contractual early retirement scheme “Regeling vervroegde uitreding” (RVU scheme).

In its report, the Government refers to the 2019 pension agreement, concluded between the Government and social partners, which agreed on the temporary RVU scheme for the period 2021–25. Furthermore, in October 2024, the Government and social partners agreed to extend the RVU scheme aimed at persons in arduous work. According to the Government, this allows employers and employees to make arrangements for early retirement when it is not possible to work healthily until reaching the state retirement age due to arduous work. The Government also indicates that the RVU scheme will be evaluated every three years.

The Committee requests the Government to continue to provide information on the implementation of the RVU scheme in relation to arduous and unhealthy occupations, including its extension in the coming years, the number of collective agreements that include provisions on early retirement, qualifying conditions for entitlement to benefits and their levels, as well as data on coverage.