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.
"*" indicates required fields
9 June 2023
A damaged working relationship
It can happen in the best of organisations: an employee and a manager cannot get along. Tensions in the workplace can escalate quickly, negatively affecting the working atmosphere within the department.
Read more
Read more about24 April 2023
Working from home: right or privilege?
Before the Pandemic, working from home was not facilitated by all employers. During the Pandemic, we proved altogether that (long-term) working from home and/or working at a different location than the office can work very well.
Read more
Read more about22 February 2023
Dismissal in the event of reorganisation
Reorganisations and restructurings: after a relatively quiet period the headlines are full of them again.
Read more
Read more about9 January 2023
When has an employee ‘recovered’?
An employee who is unfit for work is entitled to continued payment of wages for two years. They may also not be dismissed during that time.
Read more
Read more about14 December 2022
Recruiting employees on the basis of green working conditions
Almost all employers have considerable difficulty finding staff.
Read more
Read more about7 November 2022
The employer’s duty of care
An employer has a duty of care. It therefore has an obligation to protect the safety and health of its employees.
Read more
Read more about12 September 2022
Fulfilment of pension commitments
Has an employer failed to fulfil its obligation to provide a pension scheme?
Read more
Read more about7 September 2022
Study costs and outside activities: practical tips
From 1 August 2022 employers must comply with new rules on study costs and outside activities.
Read more
Read more about29 August 2022
Conditional dismissal with immediate effect
Has an employee engaged in serious misconduct to such an extent that his/her employer no longer wishes to employ him/her?
Read more
Read more about