Unjustified 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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17 September 2026
Dismissal for lying about working from home
Incorrectly registering a workplace can constitute an urgent reason for summary dismissal. The Rotterdam District Court recently confirmed this in a judgment. The case concerned an employee of online bank Bunq. Over a period of three months, the employee stated 21 times that he was working from the office in Rotterdam, while other data showed that he was not at the office.
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3 September 2026
Employer, may I move to a competitor?
Many employers include a non-compete and/or non-solicitation clause in their employment contracts. If an employee wants to work for a client or a competitor of the employer, and the employer does not allow this, the employee may feel compelled to take the matter to court. That was also the case in a ruling by the Zeeland-West Brabant Subdistrict Court in May 2025.
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27 August 2026
Works council and right of consent for changes to home working policy
Around the summer of 2025, two judgments were published on a highly topical issue: changes to home working policy. From the United States, a trend seems to be spreading to the Netherlands in which companies are trying to force employees to work from the office more often, or even full-time.
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13 August 2026
New Act on Transfer of Undertakings in Bankruptcy (WOVOF): consequences for employees and restart entrepreneurs
Some time ago, a blog was published on our website about the protection of employees in a restart following bankruptcy. It was relevant then and remains a topical issue now, as the Act on the Transfer of Undertakings in Bankruptcy (Wet Overgang van Onderneming in Faillissement, WOVOF) is approaching.
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16 July 2026
Love in the workplace: employment law considerations
Cupid does not let his arrows be guided by HR policies. That situations of love at the work place do not always come without consequences became clear again after the Coldplay concert end of 2025.
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29 June 2026
Pension compensation: a hot topic
Exactly one year ago, I wrote a blog about the impact of dismissal on eligibility for pension compensation from a pension provider.
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13 May 2026
Dismissal of an employee due to long-term incapacity for work
As an employer, you may terminate the employment relationship with a sick employee after 104 weeks of sickness. This can be done via a settlement agreement or with a dismissal permit from the UWV. But when exactly can you apply for such a permit?
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15 April 2026
What to consider with overtime?
Employment contracts specify the number of hours an employee works per week. However, employees may sometimes be expected to work beyond these agreed hours, especially when approaching critical deadlines.
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9 April 2026
Is an employer allowed to prohibit a dog in the workplace?
Employers have what is known as a right to issue instructions. This means they are authorised to unilaterally impose rules and guidelines on employees.
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