Anti-discrimination policy

The purpose of these guidelines is:

to promote that temporary employment agencies apply the principle of equal treatment in their policies and daily actions and to provide clarity to temporary employment agencies, their permanent staff, temporary workers, and clients on how to prevent (consciously or unconsciously) making unequal treatment prohibited by law. This concerns unequal treatment based on gender, race, ethnic origin or skin color, nationality, religion, belief, political opinion, marital status, sexual orientation, disability, and age.

Article 1. The prohibition of discrimination
In accordance with the provisions of the General Equal Treatment Act (AWGB), the Equal Treatment of Men and Women Act (WGB), the Equal Treatment on the Grounds of Disability or Chronic Illness Act (WGBH/CZ), and the Equal Treatment on the Grounds of Age in Employment Act (WGBL), temporary employment agencies reject discrimination based on gender, religion, belief, political opinion, race, nationality, heterosexual or homosexual orientation, marital status, disability or chronic illness, and age.

Temporary employment agencies refrain from making unlawful distinctions, whether direct or indirect. Direct discrimination involves a direct reference to one of the personal characteristics mentioned in the first paragraph. Indirect discrimination is discrimination based on a neutral criterion that disproportionately affects certain individuals in connection with one of the mentioned personal characteristics.

Opinions or preferences of clients, their staff, or their relations are not valid reasons to exclude individuals based on the personal characteristics mentioned in the first paragraph.

Temporary employment agencies will inform clients and prospective clients in relevant cases that they do not cooperate in fulfilling requirements or wishes with a discriminatory intent.

Article 2. Preferential policy
As an exception to the prohibition of discrimination, it is legally permitted for clients to implement a preferential policy in vacancies concerning only three groups: women, individuals belonging to a certain ethnic or cultural minority group, and individuals with a disability or chronic illness. However, this is only allowed if the policy aims to place individuals belonging to these groups in a privileged position to eliminate actual inequalities. Preferential policy must meet the requirements as stated in Article 2, third paragraph, of the General Equal Treatment Act, respectively Article 3, first paragraph, preamble and part c, of the Equal Treatment on the Grounds of Disability and Chronic Illness Act.

Implementing a preferential policy concerning groups other than those mentioned above - such as men, individuals not belonging to an ethnic or cultural minority group ('autochthons') - is not allowed under any circumstances. Nor is it allowed to implement a preferential policy based on other personal characteristics.

Article 3. Recruitment and selection
In the recruitment, selection, and provision of workers to clients, temporary employment agencies must be guided solely by functional requirements, in compliance with legal provisions.

To prevent making unlawful distinctions, setting non-functional requirements in the provision of workers is not allowed, as this may result in (indirect) discrimination based on prohibited personal characteristics.

Temporary employment agencies will inform clients in relevant cases that the law prohibits them from cooperating in fulfilling requirements or wishes with a discriminatory intent.

Article 4. Offering positions
The open offering of a position is done in such a way, regarding text and design of the vacancy, that no preference is shown concerning gender or age.

As far as making distinctions based on equal treatment legislation is exceptionally allowed, this reason is explicitly stated in the offering of the position.

Article 5. Duty to inform
Temporary employment agencies and clients may not ask questions about personal characteristics such as pregnancy, disability or chronic illness, and medical history during the selection phase, unless this is exceptionally allowed under equal treatment legislation.

Article 6. Registration of personal characteristics
Temporary employment agencies will not record any notes regarding race, skin color, or ethnic origin of the individuals when registering (prospective) temporary workers.

Recording that a (prospective) temporary worker belongs to an ethnic or cultural minority will only occur if the employer intends to implement a preferential policy for this group to eliminate the actual inequality of this group.

Temporary employment agencies may register the data necessary to comply with legal regulations, such as determining whether the (prospective) temporary worker is allowed to work in the Netherlands. According to the Identification Act, every person must identify themselves with a passport, driver's license, or identification card upon employment. If the person has a non-Dutch nationality, it must be determined whether the person is an EEA national or not. All EEA nationals may work in the Netherlands without restrictions, provided that some formal, administrative requirements are met. If the (prospective) temporary worker is not an EEA national, it must be determined whether the person is entitled to reside and work in the Netherlands, in accordance with the Foreign Nationals Employment Act (WAV). Use of this data for other purposes is not allowed.

Article 7. Publication
Temporary employment agencies distribute these guidelines to their permanent staff and provide instructions on implementation and application where necessary.

The equal treatment legislation is part of the training for intermediaries.

The ABU and its members endorse these guidelines and publish them on the ABU website.

Article 8. Complaints procedure
Any interested party can file a complaint against a member of the ABU or against a temporary employment organization that is not a member of the ABU but has voluntarily subjected itself to these guidelines in advance. This can be done with the secretary of the Arbitration Tribunal and, in the absence of such a secretary, with the secretariat of the ABU. The complaint consists of the temporary employment agency allegedly acting in violation of one or more articles of the guidelines. The secretary of the Arbitration Tribunal, and in the absence of this, the secretariat of the ABU, will forward the complaint to the Arbitration Tribunal as soon as possible.

The possibility to file a complaint with the Arbitration Tribunal does not affect the possibility for an interested party to report or file a complaint with the Human Rights Board. It is not required to have completed the complaint procedure with the Arbitration Tribunal or any other internal or external procedure beforehand.

The sanctions that the Arbitration Tribunal can impose include giving a warning to the involved temporary employment agency or a written reprimand, respectively advising the ABU to expel the guilty member from the ABU membership.

For more information on this subject, you can also visit www.abu.nl.