Guidelines on Equal Treatment

​Richtlijnen gelijke behandeling

Kelly Services takes the AWGB (General Equal Treatment Act) very seriously. This means that discrimination is not allowed under any circumstances. In order to communicate the regulations as clearly as possible and to avoid misunderstandings, it is crucial to establish recruitment and selection policies. This is especially important for larger organizations where the works council is responsible for approving the policy in question.


In addition to the legislation, various rules have been established within the application code. This code was developed by the NVP (Association for Personnel Management & Organizational Development) in consultation with the Labour Foundation.


Below you will find information regarding:



It is essential that job advertisements only contain requirements that are relevant to the specific position. The organization may only set an age limit if there are valid reasons for doing so.


Gender


There must also be a valid reason when there is a distinction in the recruitment of employees based on gender. The WGBMV (Equal Treatment Act for Men and Women) oversees this. There should be no ambiguity about who the vacancy is open to. The job advertisement must clearly state that both men and women have an equal opportunity for the position and no preference is expressed. This can be achieved, for example, by using both male and female forms in the job title or by including "m/f" or a neutral mention in the job advertisement.


Age discrimination

When recruiting personnel, it is also not allowed to make distinctions based on age unless there is a valid reason. The WGBL (Equal Treatment Act on the Grounds of Age in Employment) governs this.


Bij het werven van personeel is het tevens niet toegestaan om onderscheid te maken op basis van leeftijd tenzij hier gegronde reden voor is. De WGBL (Wet gelijke behandeling op grond van leeftijd bij de arbeid) gaat hierover.


Equal treatment in selection


Inequal treatment should also be prevented by consistently assessing candidates during the selection process based on the predetermined job requirements. These requirements should remain the same throughout the entire selection process.


During the job interview, employers should only ask candidates questions that are relevant to the position. Personal questions regarding health, previous absenteeism from work, family circumstances, or potential plans for having children are prohibited.


Candidates cannot be rejected based on any of the grounds of discrimination after the initial selection has been made. This means that new information regarding, for example, chronic illness or pregnancy, should never be the reason for rejection.


​Anti-Discrimination Policy


It is crucial to prevent labor discrimination by implementing a recruitment and selection policy. Both the employer and the intermediary will be responsible for this. As a result, the government will also modify the existing Occupational Health and Safety Act. The Labour Inspectorate (Inspectie SZW) will be granted authority to conduct inspections to determine whether organizations adhere to the agreements and follow a recruitment and selection policy. In preparation for this, the Labour Inspectorate will also conduct exploratory inspections.


​Diversity Management


Many organizations strive to achieve a diverse workforce. There are several common reasons for this, which can be outlined as follows:


  • People have different qualities. Introducing variation in this aspect is a common motivation. For example, this ensures that a workforce is not solely composed of men or highly educated employees.
  • Having a workforce that is as diverse as the broader society.
  • Seeking to address or reduce the societal disadvantages faced by specific population groups.


To support these motivations, specific groups are often directly targeted. This is permissible as long as candidates are not exclusively selected from these groups. Preferential policies, as one aspect of diversity management, are certainly applicable in these cases. For more information and a more detailed explanation of the above, please refer to mensenrechten.nl.


Preferential Policy


For the purpose of adopting an inclusive approach towards certain groups with the aim of reducing structural disadvantages, a preferential policy may be implemented, provided it meets the applicable requirements. However, preference may only be expressed regarding the following individuals or groups: certain ethnic groups, women, individuals with chronic illnesses, and individuals with disabilities.


The equal treatment legislation sets out several strict exceptions that must always be followed when implementing such a preferential policy.


  • Disadvantage requirement: The employer must be able to demonstrate a disadvantage.
  • Carefulness requirement: All applicants must be carefully and objectively evaluated by the employer. Priority is only granted when there is equal suitability or sufficient suitability.
  • Proportionality requirement: The goal must justify the preferential measure. The employer must consider the extent of the disadvantage.
  • Transparency requirement: A preferential policy must be indicated at the start of the selection process and also mentioned in the job advertisement. Additional explanations regarding the specifications of the preferential policy throughout the entire procedure are also required.


An eventual preferential policy may only be applied to the aforementioned groups of individuals. There is one exception regarding age groups, which is when they are part of a preferential policy that constitutes a legally established target group policy.

Share by: