According to article 1 of the Constitution, discrimination on certain grounds is prohibited, which are further elaborated in various legal codes. Everyone can provide an example of discrimination. But what exactly is and isn’t discrimination?
In this blog, several examples are explained that are specifically focused on the employment law sphere. To better understand the examples below, it is important to know that making distinctions in itself does not always fall under the term discrimination.
Examples
• No distinction may be made based on the duration of the employment contract someone has. Your employer cannot argue that you do not receive a pay rise because, for example, you have a fixed-term contract.
• The employer may not suggest that a part-timer must have more years of service to qualify for, for example, a pay rise. Another example is that the employer gives a full-timer a higher salary than a part-timer; this must, of course, depend on the job role.
• Christmas, Easter, and many other recognised holidays are Christian holidays. The employer may not refuse to give time off in lieu or a bonus to someone of a different faith if their holiday falls differently from a recognised holiday. Most CLAs provide clarity on this.
• An employer may not refuse an applicant if they have a non-Dutch nationality.
Help! I am being discriminated against!
If you are being discriminated against, you must take action! What you should and can do varies per case. For example, were you rejected during an application process for a reason you believe is discriminatory? Then the next step is to go to the Equal Treatment Commission. Are you receiving less pay than a colleague based on a discriminatory argument from the employer? Then the next step is to send a registered letter to the employer and claim the pay.
Do you have questions? Please feel free to contact us easily.