Dutch Supreme Court reaffirms legal privilege – what does this mean in practice? The Supreme Court ruled that this provision violates equal treatment legislation, as it makes a direct and unlawful distinction between male and female employees. For help and support go to the Maternity Action website. November 9, 2020 . The claimant in this case is employed by Stichting het Rijnlands Lyceum. NOW-3: Dutch government continues support for employers, but on less generous terms. Maternity pay and leave can be a complex area. Cumulative ground for termination – does it ease rules on dismissal? 12 Weeks Half Pay Plus Statutory Maternity Pay (£151.20) 21 Weeks Statutory Maternity Pay (£151.20) 13 Weeks unpaid. Maternity pay and leave can be a complex area. As it is up to the courts in the fact-finding phase to interpret a collective labour agreement that is not declared universally applicable, the Supreme Court did not decide which interpretation is correct. Copyright © bab.la, o ile nie podano inaczej. This is not only the case if the employee is entitled to the minimum days of holiday set out in the Working Time Directive, but also if the employee is entitled to “extra” days of holiday based on a local provision. The employer referred to the Supreme Court’s ruling in Dekker / ROC-I. more_vert open_in_new Link do źródła Nonetheless, it explicitly mentioned that the employer’s interpretation is less obvious. Poniższe tłumaczenia pochodzą z zewnętrznych źródeł i mogą być niedokładne. Maternity leave in the United States is regulated by US labor law.The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for mothers of newborn or newly adopted children if they work for a company with 50 or more employees. Wszelkie prawa zastrzeżone. New legal entity for social entrepreneurs to be introduced in the Netherlands, Details of Dutch Pension Deal published: now is the time to start preparing. If the period of the maternity leave coincides with a collectively set holiday period, compensation of holiday leave entitlement by granting maternity leave is therefore not permitted under the law. As a teacher at the International School of the Hague, the CLA applies to her employment agreement. There are rules on when and how to claim your paid leave and if you want to change your dates. English Extending the period of maternity leave to 20 weeks on full pay is a false friend. As a consequence, the CLA provisions are invalid. Czy wiesz, że wszystkie nasze słowniki działają w dwóch kierunkach? If you don’t qualify for FMLA and your employer does not provide maternity leave—paid or unpaid—you may have some options. 5 extra weeks of standard parental benefits, or; 8 extra weeks of extended parental benefits Click here for more information about our cookies. The first question addressed by the Supreme Court was whether the CLA provisions contravene article 7:646 of the Dutch Civil Code (DCC) and article 5 of the General Act on Equal Treatment (GAET), which state that, as a general rule, employers may not make a distinction between men and women in terms of employment. bab.la nie jest odpowiedzialne za ich brzmienie. On 6 November 2020, the Dutch Supreme Court answered preliminary questions about the equal treatment of men and women in the context of collective employment terms. It further illustrates that courts may set aside clauses which do not safeguard the equal treatment of men and women in their employment terms. This means that the answer to the third question depends on the interpretation of the CLA provisions. Oznacza to, że możesz szukać słów w obu językach jednocześnie. A może wolisz pouczyć się nowych słówek? The CLA provisions constitute a direct distinction between male and female employees that does not fall under the exception of article 7:646 (3) DCC, which allows for unequal employment clauses if these are beneficial to the protection of women, in particular in connection with pregnancy or maternity. According to the Supreme Court, the CLA provisions imply that a female employee generally loses any holiday leave that coincides with her prenatal and postnatal maternity leave during holidays outside the summer period.

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