Trade Unions and Employers Associations in The Netherlands, Social Media and Data Privacy in The Netherlands, Termination of Employment Contracts in The Netherlands. In the Dutch Equal Treatment Act, discrimination on the following grounds is explicitly prohibited: religion, personal beliefs, political opinion, race, sex, nationality, hetero- or homosexual orientation and civil status. All employees should be able to fulfil their religious duties. This means that someone can be prosecuted in the criminal courts if they harass you. Discover the most important labour and employment rules, regulations and best practices exclusive to 25+ key jurisdictions worldwide, conveniently together in one place. Three reasons why gender budgeting is crucial in the EU Funds, How can we apply gender budgeting in the EU Funds? (4) It shall be a defence to any action of harassment to show that the course of conduct complained of— (a) was authorised by, under or by virtue of any enactment or rule of law; “ harassment ” of a person includes causing the person alarm or distress; and a course of conduct must involve conduct on at least two occasions. Identifying and developing possible work-life balance interventions, Step 4. Get the latest EIGE's updates on a personalised basis. To an extent, the employer cannot interfere with this (e.g., the employer is not obligated to provide his employees with a prayer room. Introduced in early 2016, Finland’s street harassment law imposes on-the-spot fines for harassers caught in the act. Putting people in fear of violence. The Dutch government encourages companies to hire disabled persons. All "employees" (including trainees, apprentices and temporary workers) are to be afforded protection therefrom. Establishing an evidence-based approach, Principle 4. Workplace conflicts can include forms of inappropriate behaviour, harassment, sexual intimidation, discrimination or aggression. Labor harassment: • Labor Code: The employer must respect the employees and avoid verbal and physical damage. All Rights Reserved. What happens when you violate sexist expectations? This is a warning which tells your abuser about the law in relation to harassment, and that if there are similar reports in the future the police might take action against him. According to Dutch legislation, discrimination on any ground whatsoever is prohibited. Alignment with partnership agreements’ and Operational Programmes’ gender objectives and indicators, Step 2. Your abuser may be asked to sign the warning. Our unique and innovative Country Comparison Tool allows you to automatically generate an interactive, country-by-country comparison of the most important workplace law matters that employers need to be aware of. Harassment Prohibited – Costa Rica Sexual harassment: • Law Against Sexual Harassment at Work and in Education: The object of this law is to prevent, prohibit, and penalize the sexual harassment for women and men. Harassment in Europe Harassment (in European Private Law) In this context, this may be a concept of the term: "Harassment" means unwanted conduct (including conduct of a sexual nature) which violates a person's dignity, particularly when such conduct creates an intimidating, […] Under the new law you can be punished both if you know the other person did not want to have sex, and if you could have known that. The next section goes into discussions that have recently been conducted about whether a new stalking law is desirable in the Netherlands, and whether a correct definition of … Dutch law explicitly prohibits discrimination on the grounds of religion, personal beliefs, political opinion, race, sex, nationality, heterosexual or homosexual orientation, civil status, age, handicap or chronic disease, or based on temporary / permanent employment contracts or working hours (part-time / full-time). The employer is responsible for this. students, Encouraging gender equality activities at the grassroots level across the university, Family-leave without consequences for the academic career, Gender certification: a road to change? Should an employee be taken ill nonetheless, you must do all you can to enable your employee to resume their duties as soon as possible. Explore Employment Law Resources from more than 40 Countries Worldwide. the drafting process of a new stalking law in the Netherlands currently being dealt with by the Dutch Parliament. The United Kingdom does not have a specific law against bullying in the workplace, but claims may be brought under a variety of other laws. Introducing an individualised approach to risk management, Principle 3. If no choice is made, the applicable law is determined by Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I) or the applicable international private law. Establishing a gender information management system, 11. Examples of gender-sensitive practices in parliaments, Women and men have equal opportunities to ENTER the parliament, Women and men have equal opportunities to INFLUENCE the parliament’s working procedures, Women’s interests and concerns have adequate SPACE on parliamentary agenda, The parliament produces gender-sensitive LEGISLATION, The parliament complies with its SYMBOLIC function, Gender budgeting in women’s and men’s lived realities. Following-up through the use of indicators within M&E systems, Fictional case study 1: reconciling paid work and childcare, Fictional case study 2: reconciling shift work and childcare, Fictional case study 3: balancing care for oneself and others, Fictional case study 4: reconciling care for children and older persons with shift work, Tool 5: Defining partnerships and multi-level governance, Steps for defining partnerships and multi-level governance, Tool 6: Developing quantitative and qualitative indicators for advancing gender equality, Steps to develop quantitative and qualitative indicators, Tool 7: Defining gender-sensitive project selection criteria, Steps to support gender-sensitive project development and selection, Checklist to guide the preparation of calls for project proposals, Supplementary tool 7.a: Gender-responsive agreements with project implementers, Tool 8: Tracking resource allocations for gender equality in the EU Funds, Tool 9: Mainstreaming gender equality in project design, Steps to mainstream gender equality in project design, Step 1. What does gender budgeting involve in practice? The Dutch Working Conditions Act describes that you and your employee have shared responsibility for improving working conditions. The first man convicted under Rotterdam’s new street harassment laws, also referred to as the catcalling ban, has been cleared by a court of appeal on … Step 6: What comes after the Gender Equality Plan? For the Netherlands, in instances of discriminating statements towards a group of people, it is possible to report to the internet discrimination hotline (MiND Nederland): If MiND believes that a particular statement is unlawful, it issues a request for the removal of that statement. Examples of bullying or harassing behaviour include: The law says it’s sexual harassment if the behaviour is either meant to, or has the effect of: violating your dignity, or; creating an intimidating, hostile, degrading, humiliating or offensive environment; If you're being harassed at work. Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997. Sexual Harassment. In employment relationships in the Netherlands, discrimination claims are not that prominent. Launching gender equality action plans, 13. Based on the law, an employee who has suffered from sexual harassment may claim compensation from the offender or employer under civil law. The Netherlands is implementing stricter laws around sex crimes, according to a new legislative proposal Minister Ferdinand Grapperhaus of Justice and Security announced. Accordingly individuals need a valid work permit and a citizen service number (BSN). Under these provisions employers have the duty to protect their employees as much as possible from sexual harassment and its harmful consequences. Sexual harassment at work: in the Arbowet of 2007 the definition of sexual intimidation has disappeared, but it is seen as one of the factors that can lead to "psychosociale arbeidsbelasting", which literally means psychosocial labour presure. Delivering a coordinated, multiagency response, Strategic framework on violence against women 2015-2018, Legal Definitions in the EU Member States, EIGE's publications on gender-based violence, Economic Benefits of Gender Equality in the EU, Step-by-step guide to Gender Equality Training, 2. EIGE’s online cooperation and consultation hub. Compensation for harassment is potentially uncapped although the Netherlands is not known for its claim culture. Underpinning the processes with an outcome-focused approach, Principle 5. The Arbeidsomstandighedenwet (Working Conditions Act) contains provisions relating to sexual harassment. 4A. Collect information and disaggregated data on the target group, Step 2. Sexual harassment can include: Integrate initiatives to broader strategy, 7. If the workplace needs to be adapted, the employer can ask the Work Placement Branch of the Employee Insurance Agency for financial compensation to carry out such measures. This right is considered so important that it is enshrined in the Constitution. Whether Netherlands laws apply to the employment relationship depends on whether the parties have made a choice of law. A ten-step programme for managers, Eradicating sexism to change the face of the EU, Gedimino pr. Basically, if someone is bothering you again and again, including threats and demands, you can report it as harassment. It also means you can take action against the person in the civil courts. While, in principle, the law prohibits indirect discrimination (occurs when a neutral behaviour (e.g. © 2021 European Institute for Gender Equality, Making equality between women and men a reality for all Europeans and beyond, Data collection on violence against women, Analysis of EU directives from a gendered perspective, Intimate partner violence and witness intervention, Risk assessment and risk management by police, Principle 2: Adopting a victim-centred approach, Principle 3: Taking a gender-specific approach, Principle 4: Adopting an intersectional approach, Principle 5: Considering children’s experiences, Step 1: Define the purpose and objectives of police risk assessment, Step 2: Identify the most appropriate approach to police risk assessment, Step 3: Identify the most relevant risk factors for police risk assessment, Step 4: Implement systematic police training and capacity development, Step 5: Embed police risk assessment in a multiagency framework, Step 6: Develop procedures for information management and confidentiality, Step 7: Monitor and evaluate risk assessment practices and outcomes, Risk management principles and recommendations, Principle 1. The technical definition of harassment is “the act of systematic and/or continued, unwanted and annoying actions of one party or a group, including threats and demands”. Prostitution is legal in the Netherlands as long as it involves consensual sex between adults. Project development and application, Tool 10: Integrating a gender perspective in monitoring and evaluation processes, Steps to integrate a gender perspective in M&E processes, Tool 11: Reporting on resource spending for gender equality in the EU Funds, Tracking expenditures for gender equality, EIGE’s publications on Gender mainstreaming, EU candidate countries and potential candidates, Gender equality indices in the Western Balkans and Turkey, Gender statistics in the Western Balkans and Turkey, Organising an event in EIGE's entry point, First steps towards more inclusive language, Key principles for inclusive language use, Avoid gendered pronouns (he or she) when the person’s gender is unknown, Avoid irrelevant information about gender, Avoid gendered stereotypes as descriptive terms, Using different adjectives for women and men, Do not use ‘he’ to refer to unknown people, Do not use gender-biased nouns to refer to groups of people, Greetings and other forms of inclusive communication, Solutions for how to use gender-sensitive language, The argument for work-life balance measures, Step-by-step approach to building a compelling business case, Step 1: Identify national work-life balance initiatives and partners, Step 2: Identify potential resistance and find solutions, Step 3: Maximise buy-in from stakeholders, Step 4: Design a solid implementation plan, Step 6: Highlight benefits and celebrate early wins, Toolbox for planning work-life balance measures in ICT companies. Sexual harassment outside the workplace is not criminalised as a separate offence in the Netherlands and is only prosecutable in criminal law if it fits other criminal statutes on sexual violence, which means that many of the sexual harassment outside the workplace does not meet criminal legal standards. If the employer fails to do so, administrative fines can be imposed, and the employer can be held liable for damages resulting from the discriminatory behaviour. Need information that is comprehensive and specific to a particular country? The definition of harassment on the grounds of sexual orientation, age, disability, religion or belief and race and national origin is “conduct which has the purpose or effect of violating another person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for another”. There are so many types of workplace harassment and so many interpretations that even the most diligent HR professional could miss the signs. France subsequently introduced an obligation on employers to prevent psychological harassment, and countries including Norway, Denmark, and the Netherlands, have followed suit. Alignment with the EU’s strategic engagement goals for gender equality and national gender equality goals, Steps 2 and 3. Employers have an obligation to prevent harassment from occurring at the workplace. Everyone in the Netherlands is entitled to equal treatment. Harassment is unlawful under the Equality Act 2010. Identify existing gender inequalities and their underlying causes, Step 3. If an employee is disabled, his/her workplace should still be safe and accessible. Bullying and harassment is behaviour that makes someone feel intimidated or offended. Harassment warnings are also known as harassment warning notices and police information notices (PINs). 16, LT-01103 Vilnius, Lithuania. In practice, the employer and employee, as well as the Courts, tend to search for reasonable, pragmatic and practical solutions. As the #MeToo movement has become an increasingly global and significant workplace matter, a timely resource compiling must-know international workplace sexual harassment laws for the multinational employer is clearly needed. Violating sexist expectations can lead to sexual harassment, How can I combat sexism? Sexual harassment outside the workplace is not criminalised as a separate offence in the Netherlands and is only prosecutable in criminal law if it fits other criminal statutes on sexual violence, which means that many of the sexual harassment outside the workplace does not meet criminal legal standards. The Working Conditions Act Under the Working Conditions Act (Arbowet) , companies in the Netherlands are obliged to protect their employees from such psychological stresses. Prohibition of discrimination. ... harassment. Sex workers can work as employed or self-employed workers and must pay tax on income. Together you work on a healthy and safe work environment. See all past newsletters. Developing a strategy and working plan, EU objectives for gender equality in research, Step 2: Analysing and assessing the state-of-play in the institution, Step 3: Setting up a Gender Equality Plan, Step 4: Implementing a Gender Equality Plan, Step 5: Monitoring progress and evaluating a Gender Equality Plan. Workplace bullying laws, meanwhile, fall under the USA’s harassment laws. Harassment because you’re pregnant or you’ve recently given birth If you experience harassment because you’re pregnant, breastfeeding or you’ve recently given birth, this could be harassment related to sex. Consult directly with the target groups, Tool 3: Operationalising gender equality in policy objectives and specific objectives/measures, Steps for operationalising gender equality in Partnership Agreements and Operational Programmes, General guidance on operationalising gender equality when developing policy objectives, specific objectives and measures, Checklist for putting the horizontal principle of gender equality into practice in Partnership Agreements, Checklist for putting the horizontal principle of gender equality into practice in Operational Programmes, Examples of integrating gender equality as a horizontal principle in policy objectives and specific objectives, Tool 4: Coordination and complementarities between the EU Funds to advance work-life balance, Steps for enhancing coordination and complementarities between the funds, Step 1. Sexual harassment is a form of unlawful discrimination under the Equality Act 2010. Gender budgeting as a way of complying with EU legal requirements, Gender budgeting as a way of promoting accountability and transparency, Gender budgeting as a way of increasing participation in budget processes, Gender budgeting as a way of advancing gender equality. The Prevalence of Stalking in The Netherlands. As an incentive, the government may grant financial benefits. Article 1 of the Constitution contains that in the Netherlands in situations involving equal circumstances all people have to be treated the same way and it is forbidden to discriminate. However, there are undoubtedly laws criminalising stalking and harassment that we are unaware of. One sure (and safe) way of fighting online crime and harassment is to report it to the competent institutions. Harassment is defined as unlawful where a) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Monitoring and steering organisational change, 4. 29 Practical tools and Member State examples, Tool 1: Connecting the EU Funds with the EU’s regulatory framework on gender equality, Legislative and regulatory basis for EU policies on gender equality, Concrete requirements for considering gender equality within the EU Funds, Tool 2: Analysing gender inequalities and gender needs at the national and sub-national levels, Steps to assess and analyse gender inequalities and needs, Step 1. Some discussion of the law and of stalking in The Netherlands can be found in the article: Van Der Aa, S., & Kunst, M. (2009). Adopting a gender-specific approach, Principle 2. a policy or practice) results in discrimination) and direct discrimination (with respect to age, temporary/permanent employment contracts and working hours), circumstances can be justified if objectively necessary to achieve a legitimate aim and proportionate to the aim sought. This book provides a comprehensive compilation of global sexual harassment laws, clearly necessary in this climate but not currently existing until now. Injunctions to protect persons from harassment within section 1 (1A) 4. Why is gender budgeting important in the EU Funds? Harassment because of one of these characteristics is called harassment related to a protected characteristic. Actively participate in the initiative, Designing effective Gender Equality Training, Good Practices on Gender Equality Training, More resources on Gender Equality Training, More on EIGE's work on Gender Equality Training, Step 5: Findings and proposals for improvement, Institutional transformation and gender: Key points, Gender mainstreaming and institutional transformation, Dimensions of gender mainstreaming in institutions: The SPO model, Why focus on Institutional Transformation, 1. How gender-sensitive are parliaments in the EU? There are no specific laws about this subject in the Netherlands. (SE), Gender lectureship: a model for mainstreaming in higher education, High-profile tenure-track positions for top female scientists, Introducing a gender perspective in research content and teaching, Maternity Cover Fund and Return to Work policy, National connections at Fraunhofer Gesellschaft: the National Committee, Overcoming bias in personnel selection procedures, Participatory approach towards development of Career Development Plan, Protocol for preventing and tackling sexual harassment and gender-based violence, School of drafting and management for European projects, Stimulating personal development to improve women academics’ positions, Teaching-free period when returning from parental leave, The Gender Balance Committee of the Genomic Regulation Centre (ES), WiSER (Centre for Women in Science and Engineering Research), Women represented in all rounds of applications, Self-assessment, scoring and interpretation of parliament gender-sensitivity, AREA 1 – Women and men have equal opportunities to ENTER the parliament, Domain 1 – Electoral system and gender quotas, Domain 2 - Political party/group procedures, Domain 3 – Recruitment of parliamentary employees, AREA 2 – Women and men have equal opportunities to INFLUENCE the parliament’s working procedures, Domain 1 – Parliamentarians’ presence and capacity in a parliament, Domain 3 – Staff organisation and procedures, AREA 3 – Women’s interests and concerns have adequate SPACE on parliamentary agenda, Domain 1 – Gender mainstreaming structures, Domain 2 – Gender mainstreaming tools in parliamentary work, Domain 3 – Gender mainstreaming tools for staff, AREA 4 – The parliament produces gender-sensitive LEGISLATION, Domain 1 – Gender equality laws and policies, AREA 5 – The parliament complies with its SYMBOLIC function, Domain 2 – Gender equality in external communication and representation. The Arbowet (lid 2, artikel 3) of 2007:“The employer will, in the general labour circumstances policy, have a policy dedicated to the prevention and, when this is not possible, the limitation of psychosocial labour pressure.“. From an employment law perspective, there has been, and still is, a lot of attention on the question of if and when an employee can be dismissed for sexual harassment. Copyright © 2021 L&E Global. Who is involved in a Gender Equality Plan? Rationale for gender equality in research, A practice to award and ensure greater visibility for women researchers, Age limit extension in calls for female researchers with children under 10, Compulsory awareness-raising session for B.A. In addition, in specific employment laws, discrimination on the following grounds is explicitly prohibited: age, sex, handicap and chronic disease, temporary/permanent employment contracts and working hours (part-ti… Creating accountability and strengthening commitment, 10. 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