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Equal Treatment in Cases of Pregnancy in Westland

Discover how pregnant employees in Westland are protected against workplace discrimination. Local tips via Legal Aid Office and Westland District Court. (128 characters)

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Equal Treatment in Cases of Pregnancy in Westland

In Westland, with its thriving horticultural sector, equal treatment in cases of pregnancy is essential for female employees in areas such as greenhouse farming. This principle ensures that pregnant women or mothers are not disadvantaged at work due to their situation. It is enshrined in Dutch employment law and provides protection against discrimination, dismissal, or other disadvantages, enabling women in Westland to balance their careers with motherhood.

Legal Basis

In the Netherlands, and thus also for residents of the Municipality of Westland, equal treatment in cases of pregnancy forms a cornerstone of the legislation, based on national and European rules. Article 1 of the Constitution prohibits discrimination on grounds of sex, including pregnancy. The General Equal Treatment Act (Awgb) elaborates on this by prohibiting discrimination due to pregnancy or motherhood.

Under employment law, Article 7:646 of the Civil Code (Book 7) (BW) is particularly important: employers may not disadvantage employees on account of pregnancy. Article 7:648 BW provides additional dismissal protection 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 Westland, employees can seek recourse at the Westland District Court in disputes.

The European Pregnant Workers Directive 92/85/EEC has been implemented in Dutch law and requires protection against discrimination, including adjustments to working conditions. The Netherlands Institute for Human Rights (NIHR) oversees compliance nationwide, while locally, the Westland Legal Aid Office provides free advice to Westland residents. Violations may lead to proceedings before the sub-district judge at the Westland District Court, including claims for wages or damages.

These rules render equal treatment in cases of pregnancy an enforceable right, especially relevant in Westland's labour-intensive sectors where physical work is commonplace.

Definition and Explanation of the Concept

Equal treatment in cases of pregnancy means that employers in Westland may not treat a pregnant employee less favourably than non-pregnant colleagues in comparable positions. This covers direct discrimination, such as denying a promotion due to pregnancy, as well as indirect forms, such as rules that disproportionately burden pregnant women (e.g., mandatory heavy lifting in greenhouses).

Protection applies from notification of the pregnancy until return from leave. It also addresses 'pregnancy discrimination', which is common in practice. For more in-depth information, see our article on Pregnancy Discrimination. In Westland, where many women work in agriculture, the law emphasises balancing personal and business interests without pregnancy posing an obstacle.

Rights of Pregnant Employees

Employees in Westland enjoy various rights to ensure equal treatment in cases of pregnancy. An overview:

  • Adjustment of working conditions: In cases of risks to mother or child, such as chemicals in horticulture or heavy lifting, the employer must offer alternative work or adjust tasks (Article 7:658a BW).
  • Pregnancy leave: At least 16 weeks of paid leave via the employer or UWV (Work and Care Act, Article 4:1 Waz).
  • Dismissal protection: Prohibited during pregnancy and the first year post-partum, except with UWV approval for economic reasons.
  • Equal opportunities: Access to promotions, pay raises, or training, regardless of pregnancy.
  • Information obligation: Employers must explain rights upon hiring or pregnancy notification; in Westland, the Westland Legal Aid Office assists with any uncertainties.

These rights apply to all female employees, from permanent staff to temporary workers in local greenhouses.

Obligations of Employers

Employers in the Municipality of Westland must proactively ensure equal treatment in cases of pregnancy. This includes:

  1. Avoiding discrimination: Hiring, promotions, or remuneration may not depend on pregnancy.
  2. Risk assessment: Engaging occupational health services to evaluate workplace safety for pregnant women, crucial in Westland's horticulture.
  3. Leave management: Properly administering leave and continuing salary payments.
  4. Return-to-work guarantee: Offering the same or an equivalent position with unchanged terms upon return from leave.

Breaches may result in liability for damages, such as loss of income or emotional distress, claimable at the Westland District Court.

Practical Examples

To illustrate equal treatment in cases of pregnancy in Westland, here are some examples from the local context:

Example 1: Promotion Denied. Marieke, an employee at a Westland horticultural company, notifies her pregnancy and is passed over for a well-deserved promotion because she would be 'temporarily less available'. This constitutes clear discrimination and can be challenged via the Westland Legal Aid Office or the Westland District Court.

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