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Equal Treatment During Pregnancy in Rijswijk

Protection against pregnancy discrimination in the workplace in Rijswijk. Rights and obligations under Dutch law, with local advice via Juridisch Loket.

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Equal Treatment During Pregnancy in Rijswijk

In Rijswijk, just like elsewhere in the Netherlands, the principle of equal treatment during pregnancy protects pregnant women or expectant mothers from adverse treatment in the workplace. This right, enshrined in Dutch employment law, prevents discrimination, dismissal, or other unfair measures. For residents of Rijswijk, this means you can continue developing your professional career without barriers due to pregnancy, with support from local agencies such as Het Juridisch Loket Rijswijk.

Legal Basis

For female employees in Rijswijk, equal treatment during pregnancy is a core right, grounded in national and European rules. Article 1 of the Constitution prohibits discrimination on all grounds, including sex. The General Equal Treatment Act (Awgb) specifically protects against discrimination on grounds of pregnancy or motherhood.

In employment law, Article 7:646 of the Civil Code (CC) Book 7 is essential: employers may not disadvantage pregnant employees. Article 7:648 CC provides additional safeguards against dismissal during pregnancy, childbirth, and the first year thereafter (or longer in cases of adoption). Dismissal requires UWV approval and is only permitted for compelling reasons, such as bankruptcy. In Rijswijk, you can turn to the District Court of Rijswijk for legal action if this occurs.

The European Pregnant Workers Directive 92/85/EEC has been incorporated into Dutch law and mandates protection against discrimination, including adjustments to working conditions. The Netherlands Institute for Human Rights (NIHR) handles complaints, but locally, you can start at Het Juridisch Loket Rijswijk for free advice. These rules make equal treatment during pregnancy an enforceable right; violations can lead to wage claims or damages via the Rijswijk cantonal court.

Definition and Explanation of the Concept

Equal treatment during pregnancy means that an employer in Rijswijk may not treat a pregnant employee less favorably than a non-pregnant colleague in similar circumstances. This covers direct discrimination, such as denying a promotion due to pregnancy, and indirect forms, for example, if schedules involving night shifts are disproportionately burdensome for pregnant women.

The protection applies from the notification of pregnancy until return from leave. It also addresses 'pregnancy discrimination', a common issue. For more details on this topic, see our article on Pregnancy Discrimination. In Rijswijk, with its diverse work environments, the law balances the interests of employee and employer, recognizing pregnancy as a temporary phase that does not justify inequality.

Rights of Pregnant Employees

Pregnant employees in Rijswijk have concrete rights to ensure equal treatment during pregnancy. An overview:

  • Adjustment of working conditions: In cases of risks to mother or child, such as heavy lifting or exposure to chemicals, the employer must offer alternative work or adjust tasks (Article 7:658a CC). The Municipality of Rijswijk can provide local support through occupational health services.
  • Pregnancy leave: At least 16 weeks of paid leave, arranged via the employer or UWV (Work and Care Act, Article 4:1 Waz).
  • Protection against dismissal: Prohibited during pregnancy and the first postpartum year, except with UWV approval for business economic reasons.
  • Equal opportunities: Access to promotions, pay raises, or training, regardless of pregnancy.
  • Right to information: Employers must explain rights upon hiring or pregnancy notification; seek advice from Het Juridisch Loket Rijswijk if this does not happen.

These rights apply to all employees in Rijswijk, including those on flexible contracts and interns with a contract.

Obligations of Employers

Employers in Rijswijk must proactively ensure equal treatment during pregnancy. This includes:

  1. No discrimination: Hiring, promotions, or rewards may not be influenced by pregnancy.
  2. Risk assessment: Engaging an occupational health service or company doctor to evaluate workplace safety for pregnant women, in line with local guidelines.
  3. Leave management: Proper handling and payment of wages during leave.
  4. Return support: Offering the same or an equivalent position after leave with unchanged terms.

Violations can result in liability for damages, such as loss of income or emotional distress, claimable at the District Court of Rijswijk.

Practical Examples

To illustrate equal treatment during pregnancy in Rijswijk concretely, here are some examples:

Example 1: Promotion Denied. Marieke, an account manager at a Rijswijk company, reports her pregnancy and is passed over for a well-deserved promotion because she is 'currently unavailable'. This is clear discrimination and can be challenged at Het Juridisch Loket Rijswijk.

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