Dutch Legislation

Equal Treatment (Men and Women) Act (WGB)

in force

Equal pay and working conditions

Employment law · Wet gelijke behandeling van mannen en vrouwen · BWBR0003299 · Articles: 37

1 Article 1

For the purposes of this Act, the following definitions apply:

1a Article 1a

The prohibition of direct distinction laid down in this Act also includes a prohibition of harassment and a prohibition of sexual harassment.

1b Article 1b

In the public service, the competent authority shall not make any distinction in the appointment as a civil servant or in the engagement under a…

1c Article 1c

In the event that a natural person, legal entity or competent authority has another person perform work under its authority, otherwise than by virtue…

2 Article 2

It is not permitted to make any distinction with regard to the conditions for access to, and the possibilities for the exercise of and professional…

3 Article 3

It is not permitted to make a distinction in the offering of a position, in the treatment during the filling of a vacant position, or in employment…

4 Article 4

The natural person or legal person who maintains a vocational training, advanced vocational training, or a course for further training or retraining…

4a Article 4a

It is not permitted to make any distinction regarding membership of or involvement in an employees' or employers' organisation or an association of…

5 Article 5

A departure from the provisions laid down in Articles 1b, 2, 3 and 4 is permitted if the distinction made is intended to place women in a privileged…

6 Article 6

The prohibition of discrimination laid down in this Act does not apply to indirect discrimination, provided that such discrimination is objectively…

6a Article 6a

If the person who believes that a distinction is being or has been made to their detriment as referred to in this Act, adduces facts in court that…

7 Article 7

For the application of Article 646 of Book 7 of the Civil Code, the comparison of the employment conditions referred to in that article regarding…

8 Article 8

For the application of Article 7, work shall be valued according to a sound system of job evaluation, whereby, as far as possible, the system…

9 Article 9

For the application of Article 7, the wages of the employee concerned shall be deemed equal to the wages that an employee of the opposite sex…

10 Article 10

Further rules may be laid down by Order in Council regarding the provisions of Articles 7, 8 and 9.

11 Article 11 repealed
12 Article 12

In the application of Articles 1b and 1c of this Act, this paragraph shall apply mutatis mutandis.

12a Article 12a

For the application of the provisions in this paragraph, pension provision shall be understood to mean: a pension provision for the benefit of one or…

12b Article 12b

It is also prohibited for persons other than the employer referred to in Article 646 of Book 7 of the Civil Code or the competent authority referred…

12c Article 12c

In the event of a pension agreement as referred to in Article 1 of the Pension Act, the scope of the employer's financial contribution shall be…

12d Article 12d

By way of derogation from Article 12b, provisions relating to the protection of women, in particular in connection with pregnancy and maternity, are…

12e Article 12e

Any provision that is contrary to the prohibition of unequal treatment of men and women as referred to in Article 12b shall be void.

12f Article 12f

The provisions of Article 681 of Book 7 of the Civil Code or Article 1615s of Book 7a of the Civil Code BES shall apply mutatis mutandis to the…

13 Article 13 repealed
14 Article 14 repealed
15 Article 15 repealed
16 Article 16 repealed
17 Article 17 repealed
18 Article 18 repealed
19 Article 19 repealed
20 Article 20 repealed
20a Article 20a repealed
21 Article 21

The officials designated by decision of Our Minister of Social Affairs and Employment are charged with the supervision of compliance with Article 646…

22 Article 22 repealed
23 Article 23

The recommendation for the amendment of a general administrative order as referred to in Article 5, paragraph 3, point (c), and the recommendation…

23a Article 23a

Articles 1 up to and including 23 of this Act shall also apply in the public bodies of Bonaire, Sint Eustatius and Saba.

24 Article 24

This Act may be cited as: Equal Treatment of Men and Women Act.