Key Benefits:
Act of 17 December 2003, providing for equal treatment on the basis of age in employment, occupation and vocational education (Equal treatment of age in the labour market)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to ensure that the Directive 2000 /78/EC (a) establishing a general framework for equal treatment in employment and occupation (PbEG, 2000, L303) and in connection with Article 1 of the Constitution , to prohibit the making of distinction based on age in the case of employment, occupation and vocational education;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purpose of this Act:
a. Distinction: direct and indirect discrimination, as well as the assignment to that effect;
b. Direct distinction: if a person is treated by age in a manner different from another, is or would be treated in a comparable situation;
c. Indirect distinctions: if an apparently neutral provision, criterion or practice affects individuals with a certain age in comparison with other persons.
1 The prohibition of distinction laid down in this Law entails a prohibition of harassment.
2 Harassment as referred to in the first paragraph means conduct related to age and which has the purpose or effect of affecting the dignity of the person and a threatening, hostile, offensive, degrading or offensive environment is being created.
A distinction shall be prohibited on:
a. the offer of a relationship and the treatment in the performance of an outstanding relationship;
b. Employment services;
c. entering and terminating an employment relationship;
(d) the creation of an official and the termination of the service of an official;
Conditions of employment;
f. to be followed by education, training and training during or prior to an employment relationship;
g. the promotion and
(h) Working conditions.
A distinction shall be prohibited with regard to the conditions of and access to the profession and the possibilities for the exercise and development of the profession within the scope of the free appeal.
A distinction shall be prohibited on:
a. granting access to, and giving of, career orientation and vocational guidance;
the provision of access to, the provision of, the taking of keys during and the closure of education aimed at joining and operating in the labour market.
A distinction is prohibited in the case of membership or involvement in an employer or employee organisation or association of professional peers. This also applies to the benefits arising from membership of these organizations and associations.
1 The prohibition of distinction shall not apply if the distinction is:
a. is based on employment or labour market policies to promote the employment rate of certain age groups, in so far as this is established by law or by law;
b. refers to the termination of an employment relationship or to the employment of an official in connection with the attainment of age on which the General Old-age Law right to an oldage pension arises, or a higher age agreed on or between the parties established by law, or as agreed between the parties;
(c) otherwise objectively justified by a legitimate aim and the means for achieving that objective are appropriate and necessary.
2 The first paragraph shall not apply in the case of harassment as referred to in Article 2 .
1 For the purposes of this Article, 'pension provision' shall mean a pension provision for the benefit of one or more persons only in connection with their business in an undertaking, industry, branch of profession or public service; in addition to a legal system of social security and, in the case of a provision for the benefit of a person, other than by that person himself.
2 The prohibition of distinction does not apply to retirement provision ages and retirement ages, as well as to the establishment of different accession and retirement ages for retirement ages for retirement ages. workers or for groups or categories of workers.
3 The prohibition of distinction does not apply to actuarial calculations in pension provision taking account of age.
If an open offer of a distinction is made on grounds of age, the basis of such a distinction shall be explicitly stated.
It shall be prohibited to disadvantage persons because of the fact that they have lodged an appeal in or out of legal proceedings under this law or have been granted assistance in respect of such law.
In the event of an end to the employment relationship by the employer contrary to Article 3 , or because of the fact that the worker has, in or outside, brought an action under that law or has provided assistance in this connection. Article 681 of Book 7 of the Civil Code applicable mutatis mutandis.
1 If the person who considers that his disadvantage is a distinctions or is made as referred to in this Law, submits in legal facts that such distinction may be presumed, the other party must prove that it has not been in breach of that law.
2 The first paragraph shall apply mutatis mutandis to claims as referred to in Article 305a of Book 3 of the Civil Code and to appeals brought by interested parties within the meaning of Article 1:2, third paragraph, of the General Law governing the administrative law .
Clauses in violation of this law are null and void.
The College, named in Article 1 of the Law College for Human Rights , may investigate whether a distinction is or is made as referred to in this law. The Articles 10 , 11 , 12 , 13 , 22 and 23 of the Law College for Human Rights shall be applicable mutatis mutandis.
Our Minister of Social Affairs and Employment broadcasts in accordance with Our Ministers of Justice, of Internal Affairs and Kingdom Relations and of Education, Culture and Science within five years of the entry into force of this Law. States-General a report on the effectiveness and effects of this law in practice.
The prohibition of distinction laid down by this Law shall not apply until 2 December 2006 to a distinction relating to the termination of an employment relationship or to the employment of an official in connection with the attainment of an employment relationship. agree on a contract of employment, a pensioner or a retirement age established on a contractual basis, below the age of the AOW pension, in so far as that age is the age of that pension; the date of entry into force of this law in the employment contract, the commitment was included in the pension scheme or in the scheme of the administrative organ.
The prohibition of distinction laid down in this Act does not apply to military officials as intended by Article 1 of the Military Staff Act 1931 until 1 January 2008, or until an earlier date on which Military Civil Service 1931 an arrangement has been made with regard to the use of age limits within the armed forces for appointment, job allocation, designation for training and dismissal.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Law on equal treatment on the basis of age in the labour market.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 17 December 2003
Beatrix
The Minister for Social Affairs and Employment,
A. J. de Geus
The Minister of Justice,
J. P. H. Donner
The Minister for Administrative Renewal and KingdomRelations,
Th. C. de Graaf
The Minister of Education, Culture and Science,
M. J. A. van der Hoeven
Published the third of February 2004The Minister of Justice,
J. P. H. Donner
