Law of December 17, 2003, on equal treatment on grounds of age in employment, occupation and vocational training (Act on equal treatment on grounds of age in employment)
We Beatrix, by the grace of God Queen of the Netherlands, Princess of Orange Nassau, etc. etc. etc.
all who shall see or hear these presents! Be it known:
So we have taken into consideration that it is desirable to implement the Directive 2000/78 / EC establishing a general framework for equal treatment in employment and occupation (OJ 2000, L303) and in connection with Article 1 of the Constitution, prohibit making distinctions based on age in employment, occupation and vocational training;
So it is that We heard the Council of State, and in consultation with the States General, have approved and decreed as We hereby approve and decree:
§ 1. General
The concept of distinction
This Act shall apply:
a. discrimination: direct and indirect discrimination, as well as the contract for that purpose;
B. direct discrimination: where one person is treated in a different manner on the basis of age than another is in a comparable situation, or would be treated;
C. indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of a certain age compared to other people take special.
The first in this Act prohibition on discrimination shall also include a ban on harassment.
2 Harassment provided for the purposes of the first member behavior related to age and which has the purpose or effect of violating the dignity of the person is affected and creating an intimidating, hostile, degrading, humiliating or offensive environment .
§ 2. Scope of the prohibition on discrimination
Discrimination is prohibited by:
a. the offer of employment and treatment in the fulfillment of vacancies;
B. job placement;
C. the commencement or termination of an employment relationship;
D. the appointment and the termination of employment of a civil servant;
E. working conditions;
F. permitting staff to receive education or training during or prior to employment;
G. promotion and
h. working conditions.
Discrimination is prohibited with regard to the terms and conditions for access to the professions and the opportunities to pursue development within the profession.
Discrimination is prohibited by:
a. providing access to and the provision of career guidance and counseling;
B. providing access to, offering, administering tests during and concluding education aimed at joining and functioning in the labor market.
Is unlawful to discriminate in membership and involvement in an employers' organization or a professional association. This also applies to the benefits resulting from membership of these organizations and associations.
§ 3. Exceptions to the prohibition on discrimination
1 The prohibition on discrimination does not apply if the distinction:
a. based on employment or labor market policies to promote employment in certain age categories, if this policy is established by or under law;
B. relates to the termination of an employment relationship or the employment of a civil servant in connection with reaching the age under the General Old entitlement to a pension or by or under legislation adopted or agreed between the parties advanced age;
C. otherwise objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
2 The first paragraph shall not apply in cases of harassment as defined in Article 2.
1 For the purposes of this article 'retirement: a pension benefit of one or more persons, solely in connection with their work in a company, industry, branch of profession or public service, in addition to a statutory scheme social security and, in the case of a provision for the benefit of a person other than himself brought about by that person.
2 The prohibition on discrimination does not apply in pension captured accession ages and pensionable ages, as well as the establishment of different entry and retirement ages for employees or groups or categories of employees.
3 The prohibition on discrimination does not apply to actuarial calculations in pension taking into account age.
§ 4. Entry age
If it is created, the soil must be clearly stated in an open offer of employment discrimination on grounds of age.
§ 5. Legal
It is forbidden to harm people because of the fact that they provided in or out of court have invoked this law or relevant assistance.
Protection against dismissal
In the event of termination of employment by the employer, contrary to Article 3, or on the grounds that the employee in or out of court has invoked this Act or the matter has assisted, Article 681 of Book 7 of the Civil Code shall apply.
Burden of proof
1 If a person who believes that he is a victim of discrimination within relied made pursuant to this Act, a court facts which suggest that distinction, the defendant must prove that they have not acted in contravention of this Act.
2 The first paragraph shall apply to proceedings referred established by Article 305a of Book 3 of the Civil Code and on appeals by parties concerned within the meaning of Article 1: 2, third paragraph, of the General Act.
Stipulations contrary to this law are null and void.
The Board for Human Rights
The College referred to in Article 1 of the Law College of Human Rights can investigate whether discrimination has or will be made pursuant to this Act. Articles 10, 11, 12, 13, 22 and 23 of the Law College for Human Rights shall apply mutatis mutandis.
§ 6. Transitional and final provisions
Our Minister of Social Affairs and Employment shall, in agreement with Our Ministers of Justice, Interior and Kingdom Relations and of Education, Culture and Science within five years after the entry into force of this law to the States General a report on the effectiveness and the effects of this law in practice.
Transitional pension resignation
It does not apply to distinctions relating to the termination of an employment relationship or the employment of a civil servant in connection with the achievement of an agreed upon contract prohibition on discrimination contained in this Act until December 2, 2006, one by one warranty regarding pension promised, or in control of a competent administrative retirement age lower than the statutory retirement age, provided that age before the date of enactment of this Act in the employment contract, the commitment concerning pensions or the rules of the governing body was recorded.
The prohibition on discrimination laid down in this Act shall not apply to military officers referred to in Article 1 of the Military Personnel Act 1931 to January 1, 2008, or an earlier date for an arrangement in the Military Civil Service 1931 regarding the use of age in the armed forces regarding recruitment, job allocation, evidence of training and dismissal.
Amendments to other legislation
[Red: Changes to the Law on the Council of State.]
[Red: Changes the Accounting Act.]
Time into force
This Act shall come into force on a date to be determined by Royal Decree.
This Act may be cited as the equal treatment on grounds of age in employment.
Order and command that this Act shall be published in the Official Gazette and that all ministries, authorities, bodies and officials whom it may concern shall diligently implement hand.
Done at The Hague, December 17, 2003
Beatrix The Minister of Social Affairs and Employment,
AJ de Geus
The Minister of Justice, JPH
Donner The Minister for Government Reform and Kingdom Relations
Th. C. de Graaf
The Minister of Education, Culture and Science,
MJA van der Hoeven
Issued Third February 2004
The Minister of Justice,