23 June 2025
Can you dismiss a ‘benchwarmer’?
A "benchwarmer" is an employee who has little to no work and, as a result, is not productive enough.
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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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23 June 2025
Can you dismiss a ‘benchwarmer’?
A "benchwarmer" is an employee who has little to no work and, as a result, is not productive enough.
Read more
16 June 2025
When Embassy’s enter into an employment contract in the Netherlands
When an embassy in the Netherlands enters into an employment contract with an employee, it may expect that the laws of its home country will apply. However, this is often not the case.
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11 June 2025
Booking.com employee facing termination? We offer legal advice
Booking.com has announced a large-scale reorganisation, as a result of which many positions will become redundant.
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4 June 2025
Overtime can be a hot topic
Due to the tight labor market, many sectors are placing greater demands on employees than before. Overtime, meaning work performed outside the agreed-upon hours, has therefore become more common. This can lead to problems, as illustrated by a recent court case.
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28 May 2025
Web surfing on company time
Replying to a private message or quickly checking the news during work hours: most of us do it occasionally.
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26 May 2025
Did chronic illness play a role?
It is up to employers to decide whether or not to renew a fixed-term employment agreement. There can be various reasons for not extending an employment agreement: the employee may not fit well within the team, their performance may not meet expectations, or there may simply not be enough work available.
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19 May 2025
The remuneration of temporary workers under the ABU collective labor agreement
According to a significant ruling by the Supreme Court, temporary workers whom are employed through an agency are entitled to the same compensation as employees who are directly employed by the actual employer. This right is based on European law and applies to all essential working conditions.
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30 April 2025
Facing redundancy in the Netherlands?
If you’re employed by a corporation in the Netherlands and are facing redundancy, this article provides practical advice on how to navigate the situation.
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24 April 2025
Restructuring: selection based on suitability is permitted
How does an employer determine which employee is made redundant during a reorganisation? The reflection principle (in Dutch: afspiegelingsbeginsel) is the obvious statutory starting point.
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