Equal Treatment During Pregnancy in Utrecht

In Utrecht, as elsewhere in the Netherlands, the principle of equal treatment during pregnancy protects pregnant women or expectant mothers from disadvantages in the workplace. Anchored in Dutch employment law, this right prevents discrimination, dismissal, or other unfair measures. It enables women in the Utrecht region to continue their professional careers without unnecessary obstacles, with specific attention to local working conditions in a dynamic city like Utrecht.

Legal Basis

In the Netherlands, including for residents of Utrecht, equal treatment during pregnancy is a core right supported by national and European rules. Article 1 of the Constitution guarantees general equality and prohibits discrimination on any grounds. Specifically for pregnancy, the General Equal Treatment Act (GETA) prohibits distinctions based on gender, pregnancy, or motherhood.

Within employment law, Article 7:646 of the Dutch Civil Code (DCC) Book 7 is essential: employers may not disadvantage employees due to pregnancy. Article 7:648 DCC provides additional safeguards against dismissal during pregnancy, childbirth, and the first year thereafter (or longer in cases of adoption). In Utrecht, dismissal during this period requires UWV approval, and it is only possible for compelling reasons such as bankruptcy.

European Directive 92/85/EEC (the Pregnant Workers Directive) has been incorporated into Dutch law and mandates protection against discrimination as well as adjustments to working conditions. The Netherlands Institute for Human Rights (NIHR) oversees this nationwide, but in Utrecht, you can also seek advice from the Utrecht Legal Aid Office. In cases of violations, you can bring a case before the District Court of Utrecht or the NIHR, with options for wage claims or compensation.

This legislation makes equal treatment during pregnancy a concrete, enforceable right, particularly relevant in a student and knowledge city like Utrecht where many young women work.

Definition and Explanation of the Concept

Equal treatment during pregnancy means that an employer in Utrecht may not treat a pregnant employee less favorably than a non-pregnant employee in the same situation. This covers direct discrimination, such as denying a promotion due to pregnancy, and indirect forms, for example, when company rules disproportionately burden pregnant women (such as overtime in hospitality or night shifts in healthcare, which are common in Utrecht).

The protection applies from the announcement of the pregnancy until return from leave. It also addresses 'pregnancy discrimination', a frequently encountered issue. For more details on this topic, see our article on Pregnancy Discrimination.

In Utrecht practice, the law balances the interests of employee and employer, recognizing that pregnancy is temporary but no excuse for inequality, for example in local government jobs at the Municipality of Utrecht.

Rights of Pregnant Employees

Pregnant employees in Utrecht have various rights to ensure equal treatment during pregnancy. An overview:

Adjustment of working conditions: In cases of risks to mother or child (e.g., heavy lifting in logistics or chemicals in labs at Utrecht University), the employer must offer alternative work or adjust tasks (Article 7:658a DCC).
Maternity leave: At least 16 weeks of paid leave via employer or UWV (Work and Care Act, Article 4:1 WCA).
Protection against dismissal: Dismissal ban during pregnancy and first year after birth, except with UWV permission for business economic reasons.
Equal opportunities: Access to promotions, pay raises, or training, regardless of pregnancy.
Information obligation: Employer must explain rights upon hiring or pregnancy notification; in Utrecht, you can obtain free advice from the Utrecht Legal Aid Office.

These rights apply to all workers in Utrecht, from temps to civil servants at the Municipality of Utrecht.

Obligations of Employers

Employers in the Utrecht region must proactively pursue equal treatment during pregnancy. This includes:

No discrimination: Hiring, promotions, or rewards may not depend on pregnancy.
Risk assessment: Engaging an occupational health service or company doctor to check workplace safety for pregnant women, relevant in Utrecht sectors like education and healthcare.
Leave management: Properly administering and continuing pay during leave.
Supporting return: After leave, offering the same or equivalent position with unchanged terms.

In cases of non-compliance, the employer risks liability for damages, such as loss of income or emotional distress, which can be claimed at the District Court of Utrecht.

Practical Examples

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

Example 1: Promotion denied. Marieke, an account manager at a Utrecht marketing agency, announces her pregnancy and is passed over for a well-deserved promotion because she is 'currently unavailable'. This is clear discrimination, against which she can take action via the Utrecht Legal Aid Office.

Example 2: Night shifts in healthcare. A nurse at a Utrecht hospital is assigned mandatory night shifts, which are risky during pregnancy. The employer must make adjustments, or it violates Article 7:658a DCC.

These cases show how the law applies in everyday Utrecht work settings.

Veelgestelde vragen

Wat is mijn retourrecht?

Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.

Hoe lang geldt de wettelijke garantie?

Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.

Kan ik rente eisen over schulden?

Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.