Lawyers
Amber Willemsen
Read more about this lawyerGodelijn Boonman
Read more about this lawyerKoen Vermeulen
Read more about this lawyerRoos van Zaltbommel
Read more about this lawyerSeliz Demirci
Read more about this lawyerUnjustified discrimination on the basis of religion, race, gender, nationality or sexual orientation is against the law in the Netherlands.
Disabled and chronically sick employees are also protected against unequal treatment. Within an employment agreement there are even more prohibitions against discrimination. For example, employers are not allowed to make any distinction between full-time and part-time employees.
Discrimination in the workplace is a very common problem. Often the employer is not even aware that discrimination is not permitted. Unequal treatment may occur in all sorts of employment conditions, such as pensions, reimbursement of travel expenses, bonus policies, holidays, career development, working conditions and dismissal. Discrimination is also prohibited during the application stage.
In some cases, employees may be treated differently in the workplace. This is only possible if there is a legally permitted reason for the unequal treatment. When this is in doubt, we advise the employer to have an assessment carried out in advance to see whether making a distinction in the specific case is permitted.
Treating employees differently without objective grounds for justifying it is not permitted. If this occurs, the employee can demand that the employer ceases the discriminatory behaviour. If the parties cannot agree upon a solution between themselves, legal proceedings are inevitable. The Netherlands Institute for Human Rights can make a judgment about the alleged discrimination. These judgments are publicly posted on the Institute’s website and can result in a great deal of negative publicity. In addition, the case can be taken to court and there may be a demand for compensation.
GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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26 March 2024
Loss of pension
It is common for an employer and employee to terminate an employment contract by entering into a settlement agreement.
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Read more about25 March 2024
Termination of employment at retirement age
Employees in the Netherlands enjoy a high degree of protection against dismissal. An exception to dismissal protection applies to employees who have reached retirement age.
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Read more about4 March 2024
Dismissal with a hefty price tag
The law lists several grounds for dismissal. An employer can terminate the employment contract if one of these grounds, or a combination of them, is present. It must also be clear that the employee cannot be re-employed within the organisation. One of the grounds for dismissal under the law is a damaged working relationship.
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Read more about19 February 2024
Summary dismissal: the dismissal letter
Shortly before the summer holidays, the Supreme Court delivered two rulings on summary dismissal. These refer to the urgent reason notice requirement in the dismissal letter and the claim for compensation from an employee who is summarily dismissed.
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Read more about12 February 2024
Webinar ‘Employment law for HR professionals: update 2024’
Need a quick update on the latest developments in employment law? Amber Willemsen and Seliz Demirci will give a webinar 'Employment law for HR professionals: update 2024' on 27 February 2024.
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Read more about28 January 2024
Violation of a recommencement of employment condition: what does it cost?
Most employers in the Netherlands are aware that the rollout of a restructuring involving compulsory redundancies is bound by the necessary rules.
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Read more about22 January 2024
Prohibition on restrictions and self-employed persons
The question regularly arises whether a supplier can prohibit the personnel it deploys - agency workers and seconded workers - from being employed by the hirer.
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Read more about17 January 2024
Latest addition to the fundamental right to holidays
It is well-known: ‘Europe’ considers the right to four weeks’ paid holiday to be a fundamental right. For many years, the EU Court of Justice has emphasised this ‘essential principle of social law’ in case law.
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Read more about22 November 2023
Small hearts, big consequences
Since the MeToo movement in 2017, the number of court rulings involving sexually transgressive behaviour has increased exponentially.
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