🇳🇱 Your rights in Netherlands

Equal pay

Dutch law requires employers to give women and men equal pay for work of equal value. This is set out in the equal treatment legislation and covers salary and other pay and benefits.

• If you think you are paid less than a male colleague for comparable work, you can ask your employer for an explanation.
• The Netherlands Institute for Human Rights can give a free opinion on whether there has been unequal treatment. Its opinions are not binding but are often followed.
• New EU pay transparency rules are being brought into Dutch law and should strengthen your right to pay information.

You can also go to court to claim the difference. Your works council (ondernemingsraad), union or the Juridisch Loket can help you decide the best route.

Harassment at work

Sexual harassment is prohibited under Dutch equal treatment law, and the Working Conditions Act (Arbowet) requires employers to have a policy to prevent and limit psychosocial workload, which includes sexual harassment, bullying and discrimination.

• Many employers have a confidential adviser (vertrouwenspersoon) you can talk to in confidence, and a complaints procedure.
• You must not be disadvantaged for complaining or for supporting a colleague's complaint.
• The Netherlands Institute for Human Rights can assess complaints of sexual harassment.

Keep a record of incidents, dates and witnesses. Serious harassment may also be a criminal offence, which you can report to the police. Get advice early, as some claims, such as challenging a dismissal, have short deadlines.

Pregnancy and maternity

It is unlawful to treat you differently because of pregnancy, and your employer is not allowed to dismiss you during pregnancy or maternity leave, or during a period after you return, except in limited situations.

• You are entitled to pregnancy and maternity leave with a benefit, usually arranged through your employer and paid by the UWV (Employee Insurance Agency).
• You may take time off for antenatal check-ups, and your employer must adapt your work if it poses risks.
• After birth, you have rights to breastfeeding breaks and to parental leave, part of which is paid.
• An employer may not refuse to extend a temporary contract because you are pregnant.

The Netherlands Institute for Human Rights receives many pregnancy discrimination complaints and can give an opinion free of charge.

Flexible work

The Flexible Working Act (Wet flexibel werken) gives employees the right to request changes to their working hours, working times and place of work, after a qualifying period of service, if the employer has a certain minimum number of staff.

• Your employer must consider a request to change hours or working times and can refuse only for serious business reasons.
• A request to work from another place, such as home, must be considered, but employers have more room to refuse and must explain why.
• Your employer must respond in writing within a set time, or your request may be treated as granted.

Submit your request in writing in good time before you want the change to start. Collective agreements may give extra rights.

Protection from domestic abuse

Dutch law offers several protections against domestic violence and stalking.

• The mayor can impose a temporary restraining order (tijdelijk huisverbod), requiring an abuser to leave the home and stay away for a period, even if they own or rent it.
• A civil court can order a restraining order or contact ban (straatverbod or contactverbod) in urgent proceedings.
• In criminal cases, the prosecutor or court can impose a contact or area ban.

You can report abuse to the police. Veilig Thuis provides advice and support, and women's shelters (vrouwenopvang) can offer safe accommodation. In an emergency, call 112.

Separation and divorce

Divorce in the Netherlands is granted by a court and you need a lawyer to file the request. The only ground is that the marriage has permanently broken down. You can file jointly or one spouse can file alone.

• If you have minor children, you must submit a parenting plan (ouderschapsplan) covering care, contact and maintenance.
• Spousal maintenance (partneralimentatie) may be payable for a limited period.
• Pension rights built up during the marriage are usually shared.
• Property is divided according to your marital property regime. For marriages from 2018 onwards, the default is a more limited community of property.

Mediation can help you reach agreement. Registered partnerships can sometimes be ended without a court.

Legal aid and free legal help

If you have a lower income, you may qualify for subsidised legal aid (gesubsidieerde rechtsbijstand), arranged through the Raad voor Rechtsbijstand. You usually pay a personal contribution (eigen bijdrage) based on your income.

• Start with the Juridisch Loket, which gives free information and advice by phone, online or in person, and can refer you to a lawyer.
• Victims of serious violent or sexual crimes can often get free legal assistance.

Other help includes legal expenses insurance (rechtsbijstandverzekering), which many people have, your trade union for workplace problems, law shops (rechtswinkels) run by volunteers, and social counsellors (sociaal raadslieden) in many municipalities.