1 – Irregular violations of rights
The ITUC Global Rights Index

Netherlands

The ITUC affiliates are the Christelijk Nationaal Vakverbond and the Federatie Nederlandse Vakbeweging.

In practice

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Employers bypassing unions to conclude collective agreements16-12-2017
Workers penalised for striking15-12-2017

In February 2017 workers staged a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at Recticel, a manufacturing company producing flexible foams, insulation, bedding and automotive. Later that year the management retaliated against strikers by giving end-of-year bonuses to workers who had not participated in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
Retaliatory measures are not uncommon in the Netherlands. The Netherlands Trade Union Confederation (FNV) has reported that in November 2017, workers of Buigcentrale Steenbergen, a steel manufacture, organised a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. After the protest, several workers who had participated in it observed changes in their work orders akin to a demotion.
FNV has also expressed concern regarding the increasing use of temporary workers to break strikes. While this practice is forbidden in the Netherlands, the FNV deplores the fact that no penal sanction (e.g., fine) is applied to employers who contravene the law. This is all the more worrying, as there is a lack of monitoring by the Labour Inspectorate. In practice, employers can easily prevent the consequences of a legitimate strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
while seriously compromising workers’ right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Self-employed workers still denied collective bargaining rights06-02-2018

A few years ago, an affiliate of the Netherlands Trade Union Confederation (FNV) initiated judicial proceedings against the government due to an opinion published by the Netherlands Competition Authority (NMA) discouraging collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
on the terms and conditions of contract labour (that is, work performed by individuals who do not necessarily work under the strict authority of the employer and who may have more than one workplace). On 1 September 2015 the Court of Appeal of The Hague issued a decision, pursuant to which competition law does not preclude a collective agreement from requiring an employer to apply the provisions of the collective agreement to self-employed workers, in particular to apply certain (minimum) rates.
Despite this ruling the Netherlands Authority for Consumers and Markets (ACM, which replaces the NMA) still refuses to acknowledge more broadly the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
rights of self-employed workers who work side by side with regular employees, denying both those workers and the employees a fair income and allowing or even promoting underbidding. This position is in clear contravention with ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
standards, in particular ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
Convention no. 98. In this regard, the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
has recently recalled to the Dutch government that the right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
should also cover organisations representing self-employed workers.

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