The Netherlands ratified the 1961 European Social Charter on 22/04/1980, accepting 71 (initially 69) of its 72 paragraphs and the Revised European Social Charter on 03/05/2006, accepting 97 of its 98 paragraphs (only applying to the Kingdom in Europe)

It ratified the 1988 Additional Protocol on 05/08/1992, accepting 3 of its 4 paragraphs and the 1991 Amending Protocol on 01/06/1993. 11 paragraphs (namely, Articles 1, 5, 6, 16 of the 1961 Charter and Article 1 of the 1988 Additional Protocol) remain applicable to Aruba, Curaçao, Sint Maarten and the Caribbean Part (special municipalities of Bonaire, Sint Eustatius and Saba).

The Netherlands accepted the 1995 Additional Protocol providing for a system of collective complaints on 03/05/2006 but has not yet made a declaration enabling national NGOs to submit collective complaints.
 

The Charter in domestic law

Automatic incorporation into domestic law.


Table of accepted and non-accepted provisions by the Netherlands

Grey = Accepted provisions

1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3.1
3.2 3.3 3.4 4.1 4.2 4.3 4.4 4.5 5 6.1 6.2 6.3
6.4 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 8.1
8.2 8.3 8.4 8.5 9 10.1 10.2 10.3 10.4 10.5 11.1 11.2
11.3 12.1 12.2 12.3 12.4 13.1 13.2 13.3 13.4 14.1 14.2 15.1
15.2 15.3 16 17.1 17.2 18.1 18.2 18.3 18.4 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 20 21 22
23 24 25 26.1 26.2 27.1 27.2 27.3 28 29 30 31.1
31.2 31.3  

 


Country factsheets

The country factsheets include detailed information on the findings of the European Committee of Social Rights when monitoring the application of the Charter at national level, as well as examples of progress in the implementation of the rights protected by the Charter.

The Netherlands factsheet

 


Latest National Report by the Netherlands

 


 

Latest Ad hoc Report by the Netherlands

See previous reports in respect of the Netherlands


Latest conclusions of the European Committee of Social Rights (ECSR)

See all conclusions in respect of the Netherlands (HUDOC)

See all conclusions in respect of the Netherlands (Antilles) (HUDOC)

See all conclusions in respect of the Netherlands (Aruba) (HUDOC)

See all conclusions in respect of the Netherlands (Curaçao) (HUDOC)

See all conclusions in respect of the Netherlands (Sint Maarten) (HUDOC)

See all conclusions in respect of the Netherlands (Special Caribbean municipalities) (HUDOC)


 

Meetings and reports on non-accepted provisions


Collective complaints procedure

The Netherlands accepted the 1995 Additional Protocol providing for a system of collective complaints on 03/05/2006 but has not yet made a declaration enabling national NGOs to submit collective complaints.

Latest findings of the European Committee of Social Rights

Findings 2019 of the European Committee of Social Rights on the follow-up to decisions on the merits in collective complaints in respect of the Netherlands

Back No. 201/2021 European Trade Union Confederation (ETUC), Netherlands Trade Union Confederation (FNV) and National Federation of Christian Trade Unions (CNV) v. the Netherlands

The complaint was registered on 12 July 2021. It concerns Article 6§4 (the right to bargain collectively) as well as Article G (restrictions) of the revised European Social Charter. The ETUC, FNV and CNV allege that the manner in which Dutch higher and lower courts impose restrictions on collective actions is not in conformity with the aforementioned provisions of the Charter. The complainant organisations further argue that the right to collective action is not regulated by legislation in the Netherlands and is based on the courts case law, with the result that practice in the Netherlands does not comply with the Charter.

 Case-document No. 1, Complaint registered on 12 July 2021 

 Case-document No. 2, Observations by the Government on admissibility 

 Case-document No. 3, Submissions by the Government on the merits

 Case-document No. 4, Response from ETUC, FNV and CNV to the Government's submissions on the merits

 Case-document No. 5, Reply from the Government to the response by ETUC, FNV and CNV

The European Committee of Social Rights declared the complaint admissible on 7 December 2021.

 Decision on admissibility of the Complaint No. 201/2021  

 Decision on the merits of the Complaint No. 201/2021   

 Resolution CM/ResChS(2024)3 adopted by the Committee of Ministers on 5 June 2024


Previous national reports by the Netherlands

1961 Charter

Netherlands Antilles - 1961 Charter

Netherlands Aruba - 1961 Charter

Netherlands Curaçao - 1961 Charter

Netherlands Saint Martin - 1961 Charter