Key Benefits:
Law of 1 March 1980, adapting the Dutch legislation to the Council of the European Communities of 9 February 1976 on equal treatment for men and women
We Juliana, 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:
Having considered that it is necessary to adapt Dutch legislation with a view to the Council Directive of 9 February 1976 on the equal treatment of men and women,
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:
1 In this Act the following definitions shall apply:
a. Distinction: direct and indirect discrimination, as well as the assignment to that effect;
b. Direct distinction: if one person is treated in a manner different from sex than another is, is or would be treated in a comparable situation;
c. Indirect distinction: if an apparently neutral provision, criterion or practice affects persons of a particular sex in particular in relation to other persons.
2 'Direct distinction' means a distinction based on pregnancy, childbirth and maternity.
1 The prohibition of direct discrimination laid down in this Act entails a prohibition of harassment and a prohibition of sexual harassment.
2 Harassment as referred to in the first paragraph means conduct related to the sex of a person and the object or effect of which is to affect the dignity of the person and to be an intimidating, hostile, offensive, degrading or offensive environment is being created.
3 Sexual Harassment referred to in paragraph 1 shall be understood to mean any verbal, non-verbal or physical conduct with a sexual connotation that has as its object or effect the dignity of the person, in particular, where a threatening, hostile, degrading, degrading or offensive situation is created.
4 The fact that a person may reject or suffer the conduct of the conduct referred to in paragraphs 2 and 3 shall not be at the basis of a decision affecting that person.
5 The Article 3, second paragraph , 4, second paragraph , and 5, first and second members , do not apply to the prohibition of harassment and sexual harassment, referred to in the first member.
1 In the public service, the competent authority should not make any distinction when appointing civil servants to civil servants or employment of employment contracts, working conditions, working conditions, and the provision of employment teaching, promotion and termination of employment.
2 To the public service referred to in the first paragraph, all institutions, services and businesses shall be managed by the State and public bodies.
3 The provisions of paragraph 1 may be derogated from in cases where the protection of women is concerned, in particular in relation to pregnancy and maternity.
(4) The competent authority may not terminate or otherwise disadvantage the service of the person who is employed by the public service under contract or employment contract in the public service, for the fact that it is in or has, on the other hand, relied on the assistance provided for in paragraph 1 by the Court of First Member State.
5 In the case of termination of the contract of employment of the contract of the person working in civil service under civil law by the competent authority in breach of that law, Article 681 of Book 7 of the Civil Code applicable mutatis mutandis.
6 Any clause which is contrary to the provisions of paragraph 1 shall be null and void.
In cases where a natural person, legal person or competent authority has another under his authority, other than under contract of employment under civil or administrative law, the person concerned shall be Articles 646 and 681 of Book 7 of the Civil Code applicable mutatis mutandis.
1 It is not permissible to make a distinction as regards the conditions of access to and possibilities for the exercise and development of freedom of appeal, as well as to arrangements between occupational social security and social security professionals. security non-pension provision as intended Article 12a .
2 Where a scheme referred to in the first paragraph relates to sickness or incapacity for work, no exception to pregnancy and childbirth may be made in it, without prejudice to the right to take provisions for the prevention of incapacity for work. 2. Misuse and improper use.
3 Any provision of an arrangement as referred to in paragraph 1 which is contrary to the provisions of the first or second paragraph shall be null and void.
1 It is not permissible to distinguish between the offer of a relationship, when it is dealt with in the performance of an outstanding relationship or in the course of employment.
2 The provisions of paragraph 1 may be derogated from in those cases where, as a result of this or any other law, the provision of a distinction may be made and, in so far as it relates to an open offer of a relationship, the grounds for that distinction are explicitly mentioned.
3 The provision of a text, as referred to in paragraph 1, shall be made in respect of text and design in such a way as to make it clear that both men and women are eligible for the benefit of women.
4 If a function name is used for the offer, whether both the male and female form is used, or expressly stated, that both women and men are eligible.
5 If, in respect of an offer contrary to the provisions of this Law, a person is liable for unlawful action against another, the Judge may also order him to make a rectification to a rectification by that other person on the basis of the claim of that law. the judge to indicate the manner.
1 The natural or legal person who maintains a vocational training, continuing vocational training or training course for further training or retraining under any name, or the natural or legal person who takes an examination In the context of the training courses or courses provided for this purpose, admission to treatment within the course of the course of the course of the course of training, or in the course of taking the examination, shall not make any distinction either in respect of the criteria or on the basis of the examination or training of the levels.
2 Of the provisions of paragraph 1 of this Article, except as regards the taking-up of the examination, and provided that equivalent provisions are present for pupils of both sexes, the following shall be waived if the nature of the examination for special education, against the opposition set out in that paragraph.
3 Any provision which is contrary to the provisions of paragraph 1 shall be null and void.
1 It is not permissible to distinguish between membership or involvement in an employee or employer organisation or association of professionals, as well as in the benefits resulting from membership or from that involvement. result.
2 Any provision contrary to the first paragraph shall be void.
1 Of the in Articles 1b , 2 , 3 and 4 may be waived if the distinction made is intended to place women in a privileged position in order to eliminate or reduce disadvantages and the distinction is reasonably proportionate to the intended purpose.
2 In so far as access to professional activities or the necessary training is concerned, the Articles 1b , 2 , 3 and 4 deviate if the distinction made is based on an attribute related to the sex and that characteristic due to the nature of the specific professional activities concerned or the context in which they are carried out, a substantial and the requirement of professional qualification, provided that the objective is legitimate and the requirement is proportionate to that objective.
3 As professional activities and necessary training for which an attribute as referred to in the second paragraph is essential and decisive, only those which belong to, respectively, training for mental health are considered to be a fundamental and essential requirement. administrative or professional activities designated by a general measure of management.
The prohibition of distinction laid down in this Act does not apply to indirect discrimination where that distinction is objectively justified by a legitimate aim and the means for achieving that objective are appropriate and necessary.
If the person who considers that he has a disadvantage or is made a distinction 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 acted upon in breach of that law.
1 In case of application of Article 646 of Book 7 of the Civil Code is used for the comparison of the that Article (i) the employment conditions referred to in relation to pay are based on the salary paid by an employee of the other person for work of equal value in the firm in which the worker is employed in the interests of which the pay comparison is made. or, failing that, for the employment of substantially equal value to be received.
2 Under the salary referred to in paragraph 1, the employer's allowance shall be paid to the employee in respect of his employment.
For the application of Article 7 Employment is valued according to a sound function valuation system, where as far as is possible, it is connected to the system used in the undertaking in which the person concerned is employed. In the absence of such a system, account shall be taken of the facts available, in the light of available data.
1 For the purposes of applying Article 7 the salary of the worker concerned shall be deemed to be equal to the salary which an employee of the other person may receive for work of equal value, if it is calculated on the basis of equivalent standards.
2 For the purposes of applying Article 7 other than cash items shall be taken into account for the value which may be assigned to them in economic circulation.
3 In cases where a period of work has been agreed to, which is less than that which, as a general rule, is considered to constitute a full employment relationship, the salary shall, in so far as it is calculated by duration, be reduced to Proportional reduction.
In the case of a general measure of administration, detailed rules may be laid down on the Articles 7 , 8 and 9 Some.
In the application of the Articles 1b and 1c of this law, this paragraph shall apply mutatis mutandis.
For the purposes of applying the provisions laid down in this paragraph, 'pension provision' means a pension provision for 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.
1 It is also to others than the employer mentioned in Article 646 of Book 7 of the Civil Code or the competent authority referred to in Article 1b not allowed to distinguish between the definition of the class of persons for whom a pension provision is established, in terms of the provision of the content of a pension provision or as regards the mode of implementation of these.
2 Provisions under which the acquisition of pension claims is interrupted during the period of maternity and maternity leave under a statutory provision or contract shall be used for the purposes of application of Article 646 of Book 7 of the Civil Code , Article 1b and the first member to be considered to be contrary to the prohibition of unequal treatment of men and women.
1 In the case of a benefit contract as referred to in Article 1 of the Pensions Act , remains the scale of the employer ' s cash contribution for the application of Article 646 of Book 7 of the Civil Code and of the Articles 1a and 12b to the extent that it is justified in relation to the actuarial calculation elements for men and women.
2 In the case of a premium contract as referred to in Article 1 of the Pensions Act or a capital agreement as referred to in Article 1 of the Pensions Act remains the amount of the cash contribution from the employer for the application of Article 646 of Book 7 of the Civil Code and of the Articles 1a and 12b out of consideration and shall be:
a. Whether the size of the periodic pension benefit arising out of the premium agreement or capital agreement has been the same for men and women;
(b) whether the premium made available by the employer, or the establishment of capital entitlement, has been established in such a way as to ensure that the level of pensions for men and women is drawn equal to the point of view of the date of adoption.
3 In the case of a benefit scheme as referred to in Article 1 of the Compulsory Occupational Pension Scheme Act continues to be the scale of the financial contribution of the professional for the application of Article 12b No account shall be taken in so far as it is justified by the various actuarial calculation elements for men and women.
4 In the case of a premium scheme or a claim of capital based on a capital scheme as referred to in Article 1 of the Compulsory Occupational Pension Scheme Act the extent of the resulting pension for men and women is being drawn alike.
5 In the case of, or under general management, detailed rules shall be laid down on the second and fourth paragraphs.
By way of derogation from Article 12b are permitted provisions relating to protection of women, in particular in relation to pregnancy and maternity.
Any provision contrary to the prohibition on the unequal treatment of men and women of the Article 12b is void.
The provisions of Article 681 of Book 7 of the Civil Code shall apply by analogy to the termination of the employment of the employer by reason of the fact that the worker has, in his or her legal capacity, brought an action in respect of the provision of the contract in question; Article 12b .
1 With the monitoring of compliance with Article 646 of Book 7 of the Civil Code and of the provisions of, or under this law, the officials appointed by the decision of Our Minister for Social Affairs and Employment. Our Minister of Social Affairs and Employment may carry out an investigation by these officials for the purposes of such surveillance. As far as public service is concerned, our Minister of Home Affairs may ask our Minister for Social Affairs and Employment to set up an inquiry as referred to in the second sentence. Notice of a decision referred to in the first sentence shall be made by placing in the Official Gazette .
2 If an investigation reveals that a distinction is or is made as intended in Article 646 of Book 7 of the Civil Code or in this law, Our Minister of Social Affairs and Employment makes such communication to the natural, legal person, or competent authority that has made or makes the distinction, and, if it is a distinction as intended in Article 646 of Book 7 of the Civil Code or Article 1b or Article 1c of this law, to the works council concerned or to the corresponding organization of participation, as well as to the relevant organizations of employers, employees, working life or public service personnel.
The communication to the relevant works council or to the corresponding participation body as well as to the relevant employers ' organizations, of workers, of working life or of public servants does not contain any data showing the identity of the persons involved in the investigation, to the detriment of whom the distinction is, or is being made, to be derived.
The proposal for the amendment of a general measure of management as referred to in Article 5, third paragraph, part c , and the nomination for a general measure of management as intended Article 10 is not done after the design in the Official Gazette has been published and given every opportunity to convey to our Minister his wishes and reservations within four weeks from the date on which the publication was made. At the same time as the publication, the draft shall be submitted to the two Chambers of the States-General.
1 This law may be cited as: Law on equal treatment of men and women.
2 This Act shall enter into force from the second day following the date of issuance of the State Sheet where it is placed.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Issued at Lech, 1 March 1980
Juliana
The Minister of Justice,
J. de Ruiter
The Minister for Social Affairs,
Albeda
The Minister of Education and Science,
A. Pais
The Secretary of State for Culture, Recreation and Social Work,
J. G. Kraaijeveld-Wouters
The Minister of the Interior,
H. Wiegel
Published the 13th March 1980The Minister of Justice,
J. de Ruiter
