Discrimination in the labour market unfortunately still occurs frequently. To create a labour market in which talent is the most important characteristic of a candidate employee and opportunities are distributed equally, the House of Representatives adopted a bill on 14 March 2023. What does this act entail?
Under the bill on Supervision of Equal Opportunities in Recruitment and Selection, companies with at least 25 employees will be required to have a written recruitment and selection policy including measures to prevent discrimination. If there are shortcomings in this policy, you as an employer may face a warning, or even a fine imposed, from the Dutch Labour Inspectorate.
Intermediaries (such as staffing agencies) must also, under certain conditions, report a discriminatory recruitment and selection request from a client to the Labour Inspectorate. Following such a report, the Labour Inspectorate can check the client’s working method for its recruitment and selection policy.
It now remains to be seen how this bill will be dealt with by the Senate. The act is expected to enter into force around mid-2024. Please note: after that, organisations will be given a period of 1 to 2 years to comply with the new rules.
On 14 September 2023, The Legal Company will hold a masterclass focused on discrimination in the workplace and the risks that flow from it. Would you like more information about this masterclass? Or do you have a question about the above topic? Contact the lawyers of The Legal Company directly via info@thelegalcompany.nl or call 020 345 0152.