Labour Law:
The employment regulation in Netherlands
Introduction:
The Netherlands is a constituent country of the Kingdom of the Netherlands, located in North-West Europe. It is a parliamentary democratic constitutional monarchy. The Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east. The capital is Amsterdam and the seat of government isThe Hague.
The biggest ethnic minorities in the Netherlands are the Turks and Moroccan. Today they represent about 17% of the working population. 50% of Dutch Turks and Dutch Moroccan indicate that they have been personally confronted with discrimination during the past year. So discrimination is a real problem even if Dutch Law forbids discrimination and racism. During our presentation we willexplain everything that has been done in the Netherlands to fight against discrimination.
The ministry of social affairs and employment:
The tasks of the Ministry of Social Affairs and Employment (SZW) are to create employment opportunities and to foster modern industrial relations and an activating social security system, and to do so by developing feasible policies that can be monitored. TheMinistry’s tasks lie in following areas: Employment and the labor market, Social security, Income, Industrial relations, and working conditions. The aim of working conditions is to make sure that the law to treat a person differently on the grounds of their religion, belief, political convictions, race, gender, nationality, sexual orientation, civil status, handicap, chronic illness, age, the amountof time they work (full time or part time) or type of employment contract (temporary or permanent) doesn’t exist anywhere. It is called the equal treatment of people. It is a principle of the European Union that requires member states to ensure that there is no discrimination with regard to employment, vocational training, and working conditions. The principle of equal treatment is applied throughEurope-wide directives and national legislation of the member states.
Dutch constitution:
The Constitution of the Netherlands is the fundamental law of the European territory of the Kingdom of the Netherlands. The present constitution is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy. A revision in 1848 instituted a system of parliamentarydemocracy. In 1983 the Dutch constitution was largely rewritten. The text is very sober, devoid of legal or political doctrine. It includes a bill of rights. Laws and treaties cannot be tested against the constitution and the Netherlands have no Constitutional Court. The constitution is divided in 8 chapters (Chapter 1: “Basic rights”, chapter 2 “Government”, chapter 3 “States- General”, chapter 4“Council of State, court of audit, national ombudsman and permanent advisory colleges”, chapter 5 “Legislation and administration”, chapter 6 “Administration of justice”, chapter 7 “Provinces, municipalities, water boards and other public bodies”, and chapter 8 “Revision of the constitution”.) We choose 2 articles of the constitution which match with our topic; “Article 1: All persons in theNetherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race or sex or on other grounds whatsoever shall not be permitted. Article 6: Everyone shall have the right to manifest freely his religion or belief.”
Article 7: No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them.Article 11: Everyone shall have the right to the inviolability of his person.
Article 15: No one may be deprived of his liberty.
Article 19: It shall be the concern of the authorities to promote the provision of sufficient employment.
Article 20: It shall be the concern of the authorities to secure the means of subsistence of the population and to achieve the distribution of wealth….