Equal Treatment on Grounds of Pregnancy in Leiden

Equal Treatment on Grounds of Pregnancy in Leiden

In Leiden, with its dynamic work environment around the university and local businesses, equal treatment on grounds of pregnancy is essential to protect pregnant women from unfair treatment in the workplace. This principle, enshrined in Dutch employment law, prevents discrimination, dismissal, or other disadvantages due to pregnancy. It enables women to maintain their professional careers in the region without unnecessary obstacles and provides specific support through local agencies such as the Juridisch Loket Leiden.

Legal Basis

In the Netherlands, and thus also for residents of Leiden, equal treatment on grounds of pregnancy forms a cornerstone of legislation, based on both national and European rules. Article 1 of the Constitution guarantees non-discrimination on all grounds, while the General Equal Treatment Act (Awgb) explicitly categorizes pregnancy and motherhood as sex discrimination and prohibits it.

Within employment law, Article 7:646 of Book 7 of the Civil Code (BW) plays a key role: employers may not disadvantage pregnant employees. Article 7:648 BW provides additional safeguards against dismissal during pregnancy, childbirth, and the first year thereafter (or longer in cases of adoption). Dismissal then requires UWV approval and is only possible in exceptional circumstances, such as bankruptcy. In Leiden, you can turn to the District Court of Leiden for legal proceedings if these rules are not followed.

European Directive 92/85/EEC, the Pregnant Workers Directive, has been implemented in Dutch law and requires protection against discrimination as well as adjustments to working conditions. The Netherlands Institute for Human Rights (NIHR) oversees compliance nationwide, but locally, you can seek advice from the Juridisch Loket Leiden for complaints about violations.

These provisions make equal treatment on grounds of pregnancy a concrete, enforceable right. In cases of breach, you can bring proceedings before the sub-district judge at the District Court of Leiden or contact the NIHR, with options for wage claims or compensation.

Definition and Explanation of the Concept

Equal treatment on grounds of pregnancy means that an employer in Leiden may not treat a pregnant employee less favorably than non-pregnant colleagues in similar positions. This covers direct discrimination, such as denying a promotion due to pregnancy, and indirect forms, for example, when company rules disproportionately burden pregnant women (such as mandatory overtime in the evenings).

The protection applies from the announcement of the pregnancy until return from leave. It also addresses 'pregnancy discrimination', a common issue in practice. For more details on this topic, see our article on Pregnancy Discrimination. In the Leiden context, with many part-time and flexible jobs, the law emphasizes a balance between employee and employer interests.

Pregnancy is temporary, but it may not serve as an excuse for inequality; the law prioritizes fair opportunities.

Rights of Pregnant Employees

Pregnant employees in Leiden have various rights to ensure equal treatment on grounds of pregnancy. An overview:

• Adjustment of working conditions: In cases of risks to mother or child (e.g., heavy lifting or chemical exposure), the employer must offer alternative work or adjust tasks (Article 7:658a BW).
• Maternity leave: At least 16 weeks, paid by the employer or UWV (Work and Care Act, Article 4:1 Waz).
• Protection against dismissal: Prohibited during pregnancy and the first year post-birth, except with UWV approval for economic reasons.
• Equal opportunities: Access to promotions, pay raises, or training, regardless of pregnancy.
• Information obligation: The employer must explain rights, for example, upon hiring or pregnancy notification.

These rights extend to temps and interns with contracts, which is relevant in Leiden's academic and cultural sectors.

Obligations of Employers

Employers in Leiden must proactively ensure equal treatment on grounds of pregnancy. This includes:

1. Avoiding discrimination: Decisions on hiring, promotion, or remuneration may not be influenced by pregnancy.
2. Risk assessment: Engaging an occupational health service or doctor to evaluate workplace safety for pregnant employees.
3. Leave management: Handling administration and wage payments during leave.
4. Reintegration: Offering the same or an equivalent position with unchanged terms upon return from leave.

Violations can lead to liability for damages, such as loss of income or emotional distress. The Juridisch Loket Leiden offers free initial assistance in disputes.

Practical Examples

To illustrate equal treatment on grounds of pregnancy in Leiden practice, here are some examples:

Example 1: Promotion Denied. Marieke, an account manager at a local Leiden company, announces her pregnancy and is passed over for a well-deserved promotion because she is 'currently unavailable'. This constitutes direct discrimination; she can file a complaint with the District Court of Leiden for reinstatement and compensation.

Veelgestelde vragen

Wat is mijn retourrecht?

Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.

Hoe lang geldt de wettelijke garantie?

Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.

Kan ik rente eisen over schulden?

Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.