Equal Treatment in Pregnancy in Delft

In Delft, just like elsewhere in the Netherlands, the principle of equal treatment in pregnancy protects pregnant women or expectant mothers from disadvantages in the workplace. This right, enshrined in Dutch employment law, prevents discrimination, dismissal, or other unfavorable decisions due to pregnancy. It enables women to maintain their professional careers in the Delft region without unfair obstacles, for example, with local employers such as TU Delft or companies in the area.

Legal Basis

In the Netherlands, including for residents of Delft, equal treatment in pregnancy is a core right grounded in 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 (Awgb) provides that distinctions based on gender, including pregnancy and motherhood, are not permitted.

Within employment law, Article 7:646 of Book 7 of the Dutch Civil Code (DCC) 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). Dismissal then requires UWV approval, and is only possible in exceptional cases such as bankruptcy. In Delft, if you suspect a violation, you can seek advice from the Delft Legal Aid Office.

From a European perspective, Directive 92/85/EEC (Pregnancy Directive) implements this protection in Dutch legislation, imposing obligations for adjustments to working conditions. The Netherlands Institute for Human Rights (NIHR) oversees compliance and handles complaints. In the event of a violation in the Delft context, you can bring a case before the District Court of The Hague, with options for wage claims or damages.

These provisions make equal treatment in pregnancy a concrete, enforceable right, helping working mothers in Delft assert their entitlements.

Definition and Explanation of the Concept

Equal treatment in pregnancy means that an employer in Delft may not disadvantage a pregnant employee compared to non-pregnant colleagues in similar positions. This covers direct discrimination, such as denying a promotion due to pregnancy, and indirect forms, such as rules that disproportionately burden pregnant women (for example, mandatory late shifts in a local café or laboratory).

The protection applies from the announcement of the pregnancy until return from leave. It also addresses 'pregnancy discrimination', a common issue. For more in-depth information, see our article on Pregnancy Discrimination. In Delft, with its academic and innovative work environment, the law balances the interests of employee and employer, recognizing that pregnancy is temporary but no excuse for inequality.

Rights of Pregnant Employees

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

Adjustment of working conditions: In cases of risks to mother or child (such as heavy lifting or chemical exposure in a Delft workshop), the employer must offer alternative work or adjust tasks (Article 7:658a DCC).
Maternity leave: At least 16 weeks of paid leave via the employer or UWV (Work and Care Act, Article 4:1 Waz).
Protection against dismissal: Ban on dismissal during pregnancy and the first year post-birth, except with UWV approval for compelling business economic reasons.
Equal opportunities: Access to promotions, pay raises, or training, regardless of pregnancy.
Information obligation: The employer must explain rights, for example upon hiring or pregnancy notification. In Delft, the Delft Legal Aid Office offers free support for questions on this.

These rights extend to temporary agency workers and interns with an employment contract, relevant for the diverse jobs in the region.

Obligations of Employers

Employers in Delft must proactively pursue equal treatment in pregnancy. This includes:

Avoid discrimination: Decisions on hiring, promotion, or pay may not be influenced by pregnancy.
Risk assessment: Involve an occupational health service or company doctor to evaluate workplace safety for pregnant women, in line with local regulations via the Municipality of Delft.
Leave management: Properly record and pay for leave.
Support return to work: Offer the same or equivalent role with unchanged conditions after leave.

Violations can lead to liability for damages, such as loss of income or psychological harm, claimable at the District Court of The Hague.

Practical Examples

To illustrate equal treatment in pregnancy in the Delft context, here are some examples:

Example 1: Promotion denied. Marieke, an account manager at a Delft tech startup, announces her pregnancy and is passed over for a well-deserved promotion because she would be 'currently unavailable'. This is clear discrimination, against which she can file a complaint with the NIHR or via the Delft Legal Aid Office.

Example 2: Night shifts. A nurse at a local hospital is required to work night shifts, which is risky during pregnancy. The employer must make adjustments, or it violates Article 7:658a DCC.

Example 3: Dismissal attempt. A lecturer at TU Delft receives notice of dismissal during her maternity leave due to 'reorganization'. Without UWV permission, this is unlawful, and she can claim compensation at the District Court of The Hague.

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.