काममा धार्मिक भेदभाव: डच नियम, अधिकार र क्षतिपूर्ति

नेदरल्याण्ड्समा, तपाईंको रोजगारदाताले तपाईंको धर्म वा विश्वासको कारणले गर्दा जागिर अन्तर्वार्तादेखि बर्खास्तगीसम्म तपाईंलाई कम पक्षपाती व्यवहार नगर्न सक्छ। मुख्य अपवाद भनेको तटस्थ नियम हो जुन वस्तुनिष्ठ रूपमा जायज छ, र धार्मिक संस्थाहरूले आफ्नो विश्वाससँग जोडिएका आवश्यकताहरू सेट गर्न सक्छन् जहाँ कामको प्रकृतिले यसलाई आवश्यक बनाउँछ।

The protection rests on the Dutch Constitution, the Equal Treatment Act (Algemene wet gelijke behandeling, AWGB) and the Dutch Civil Code (BW). If you are dismissed because of your religion, even during a probationary period, the subdistrict court (kantonrechter) can annul the dismissal or award you fair compensation (billijke vergoeding). You must ask for this within two months after the employment ended.

काम गर्ने ठाउँमा धार्मिक भेदभावको बारेमा डच कानूनले के भन्छ?

The Equal Treatment Act prohibits religious discrimination at every stage of employment and shifts the burden of proof to the employer once you make discrimination plausible (Article 10 AWGB).

संविधानको धारा १

Article 1 of the Dutch Constitution (Grondwet) provides that everyone in the Netherlands shall be treated equally in equal circumstances, and prohibits discrimination on the grounds of religion, belief and other grounds. In a dispute with a private employer you will usually rely on the more detailed AWGB and Civil Code, which the courts interpret in the light of EU Directive 2000/78/EC on equal treatment in employment.

समान व्यवहार ऐन (AWGB)

Article 1 AWGB distinguishes direct from indirect distinction. Direct distinction means you are treated less favourably than another person in a comparable situation because of your religion or belief. Indirect distinction means that an apparently neutral rule, criterion or practice places people of a particular religion at a particular disadvantage.

Article 5 AWGB prohibits both forms in employment. The prohibition covers:

• भर्ती र छनोट, जागिरको विज्ञापन र अन्तर्वार्ताका प्रश्नहरू सहित;
• रोजगार सम्बन्धमा प्रवेश र अन्त्य;
• रोजगारीका सर्तहरू, जस्तै तलब, काम गर्ने घण्टा र बिदा;
• तालिम, पदोन्नति र काम गर्ने अवस्था।

Under Article 2 AWGB, indirect distinction is allowed only if it is objectively justified by a legitimate aim and the means are appropriate and necessary. Direct distinction on the ground of religion can only be justified in the situations the Act itself lists, such as the exception for religious organisations. Article 8 AWGB protects you against a discriminatory dismissal, and Article 8a AWGB against reprisals because you invoked the Act, for example by filing a complaint or supporting a colleague.

धारा १० AWGB अन्तर्गत प्रमाणको भार

If you put forward facts from which discrimination may be presumed, the employer must prove that it did not act in breach of the Act (Article 10 AWGB). You do not have to prove discrimination in full; the employer must show, with convincing evidence, that the decision was based on other grounds or was objectively justified.

नागरिक संहिता

Under Article 7:681 BW, the subdistrict court can, at your request, annul a termination by the employer that breaches a prohibition of discrimination, or award fair compensation instead. You must file that request within two months after the day on which the employment ended (Article 7:686a(4) BW).

If the employer’s seriously culpable conduct makes it impossible to continue working, you can ask the court to dissolve the contract and award fair compensation (Article 7:671c BW). The employer also has a duty of care for a safe working environment, including protection against harassment by colleagues (Articles 7:611 and 7:658 BW). Article 429quater of the Dutch Criminal Code (Wetboek van Strafrecht) also makes discrimination in the exercise of a profession or business a criminal offence, although prosecution in employment cases is rare.

रोजगारदाताले धर्मको आधारमा कहिले भेदभाव गर्न सक्छ?

Only in narrow cases: a neutral rule that is objectively justified under Article 2 AWGB, or a faith-related requirement set by a religious organisation under Article 5(2) AWGB.

अप्रत्यक्ष भिन्नताको वस्तुगत औचित्य

An employer relying on a neutral rule must show three things under Article 2 AWGB. The rule serves a legitimate aim, such as safety, hygiene or a genuine and consistently applied neutrality policy towards customers. It actually contributes to that aim. And it is necessary: the aim cannot be reached with a measure that interferes less with religious freedom.

Courts apply this test strictly. General references to “company culture” or “what customers might think” do not suffice. An employer needs a concrete, documented reason and must show that it considered alternatives, such as a different greeting, an adapted uniform or an adjusted schedule.

धार्मिक र वैचारिक संगठनहरू

Article 5(2) AWGB allows institutions based on religious or ideological principles, such as a church, a denominational school or a faith-based care organisation, to set requirements relating to religion or belief. The requirement must be a genuine, legitimate and justified occupational requirement for the specific job, in view of the organisation’s ethos.

The exception is not a blank cheque. Requiring a teacher of religious education to share the school’s faith is more easily justified than the same requirement for a caretaker or an administrative employee, and the organisation must apply the requirement consistently.

व्यवहारमा कस्ता परिस्थितिहरूले विवाद निम्त्याउँछन्?

Most disputes concern religious clothing and symbols, prayer, religious holidays and greeting customs. In each case the question is whether the employer’s rule or decision is necessary, or whether a reasonable alternative was available.

Can your employer ban a headscarf, turban or other religious symbol?

Only in limited cases. The Court of Justice of the European Union ruled in Achbita (C-157/15, 14 March 2017) that a rule prohibiting all visible political, philosophical and religious symbols is not direct discrimination if applied in a general and undifferentiated way, and may be justified by a neutrality policy for customer-facing staff that is genuinely pursued.

On the same day, the Court ruled in Bougnaoui (C-188/15) that a customer’s wish not to be served by an employee wearing a headscarf is not a genuine and determining occupational requirement. In WABE and Müller (C-804/18 and C-341/19, 15 July 2021), it added that the employer must demonstrate a genuine need for a neutrality policy. A ban targeting one employee or certain symbols only is therefore very difficult to justify. Safety and hygiene rules in production or healthcare can justify restrictions, provided alternatives such as an adapted head covering have been considered.

Do you have a right to pray during working hours?

Dutch law does not give employees a statutory right to pray during working time. Where prayer can be combined with breaks or a flexible schedule, however, a refusal or dismissal because an employee wishes to pray is a clear risk for the employer, as the North Holland judgment discussed below shows.

Can you take leave on religious holidays?

There is no statutory right to leave on religious holidays, but you may ask to take holiday leave on those days. Under Article 7:638 BW the employer sets holiday dates in accordance with your wishes, unless there are compelling reasons not to.

A structural refusal without good reason, while colleagues are given leave on their holidays, may amount to indirect distinction. The same applies to a request not to work on a weekly day of rest: the employer must assess whether the schedule can be adapted and explain why if it cannot.

Can your employer require you to shake hands?

A handshake requirement is a neutral rule that particularly affects employees who do not shake hands with the opposite sex for religious reasons. It must be necessary for the job; in many roles another respectful greeting, such as a hand on the heart, is a workable alternative.

What about recruitment and remarks by colleagues?

The prohibition in Article 5 AWGB applies before you are hired. Asking an applicant whether she will keep wearing a headscarf, or whether he needs time to pray, followed by a rejection, provides facts from which discrimination may be presumed.

Hurtful remarks, jokes or exclusion by colleagues because of your faith also count. Under the Working Conditions Act (Arbeidsomstandighedenwet) the employer must have a policy to prevent psychosocial workload, including harassment, and must act when it becomes aware of such behaviour.

हालैका निर्णयहरूले के देखाउँछन्?

Two 2025 judgments show that a probationary dismissal, which normally needs no reason, may still not be discriminatory. In both, the employer could not rebut the presumption under Article 10 AWGB.

हात मिलाउन अस्वीकार गरेपछि बर्खास्त (द हेग, २०२५)

The Hague District Court dealt with an employee at an IT service desk who, on his second working day, declined to shake hands with a female colleague for religious reasons (ECLI:NL:RBDHA:2025:19487). The employer terminated the employment during the probationary period, later citing a poor fit, an ignored instruction and a neutrality policy.

The burden of proof shifted to the employer under Article 10 AWGB, and its other reasons were not substantiated. Shaking hands was not necessary for a job that consisted mainly of remote work and telephone contact. The court found indirect discrimination without objective justification and awarded fair compensation of EUR 34,000 gross, less than the amount claimed, because the employee had not shown efforts to find new work.

प्रार्थना गर्न आवश्यक पर्ने प्राविधिकलाई बर्खास्त (उत्तर हल्याण्ड, २०२५)

In a judgment of 26 September 2025, the North Holland District Court dealt with a service technician who, after a few days of work, said that as a Muslim he needed to pray once or twice a day (ECLI:NL:RBNHO:2025:11085). The employer terminated the employment during the probationary period, citing a mismatch between the job and his religious requirements.

The court found direct distinction on the ground of religion; the employer had no coherent and consistently applied neutrality policy. It awarded EUR 15,000 gross in fair compensation, taking into account the loss of income and the hurtful nature of the dismissal, together with compensation for the notice period and a small transition payment.

क्षतिपूर्ति कसरी निर्धारण गरिन्छ?

There is no fixed scale. Compensation for a discriminatory dismissal usually consists of fair compensation, sometimes with compensation for the notice period, the transition payment and, in exceptional cases, compensation for non-material damage.

The court awards fair compensation under Article 7:681 BW or, after dissolution for seriously culpable conduct, under Article 7:671c BW. Following the Supreme Court’s New Hairstyle judgment (ECLI:NL:HR:2017:1187), the starting point is the income you lost, based on how long the employment would probably have lasted and how quickly you find other work. It is not a punishment, but the seriousness of the employer’s conduct can play a role.

If the employer did not observe the notice period, you are entitled to the wages for that period (Article 7:672(10) BW), except after a valid probationary dismissal. The transition payment (transitievergoeding) under Article 7:673 BW is one third of a monthly salary per year of service. Non-material damage under Article 6:106 BW usually requires objectively established harm, for example a diagnosis by a psychologist.

कसले संरक्षण गर्छ?

Everyone who works in the Netherlands is protected: applicants, employees on permanent and fixed-term contracts and agency workers (Article 5 AWGB), and self-employed professionals in the practice of a liberal profession (Article 6 AWGB). The Act protects religion (godsdienst) and belief (levensovertuiging), meaning a coherent philosophy of life such as humanism, and also the expression of faith, such as clothing, prayer or a day of rest.

If you habitually work in the Netherlands, Dutch equal treatment law applies even if your employer is based abroad. Under the Rome I Regulation, a choice of foreign law in your contract cannot deprive you of the mandatory protection of the country where you habitually work.

How do you take action?

Record the facts, raise the matter internally where that is safe, and seek advice before any deadline expires. If you have been dismissed, the request to the subdistrict court must be filed within two months after the employment ended.

मानव अधिकारका लागि नेदरल्याण्ड्स संस्थान

You can ask the Netherlands Institute for Human Rights (College voor de Rechten van de Mens) for an opinion (oordeel) on whether you have been treated unequally. The procedure costs nothing and you do not need a lawyer. The opinion is not binding and the Institute cannot award compensation, but many employers follow it and courts take it into account. A complaint to the Institute does not stop the two-month deadline. More information is on the website of the Institute.

उप-जिल्ला अदालत समक्ष कार्यवाही

A request under Article 7:681 BW or for dissolution is started with a petition (verzoekschrift) to the subdistrict court; you do not need a lawyer there. The court usually holds an oral hearing and then gives a decision (beschikking), against which both parties can appeal within three months (Article 7:683 BW).

A complaint, or support for a colleague’s complaint, may not lead to a dismissal, demotion or negative assessment (Article 8a AWGB). Claims for other damage are subject to a five-year limitation period (Article 3:310 BW). Many cases end in a settlement agreement (vaststellingsovereenkomst); check the final discharge clause before you sign.

कर्मचारीको रूपमा तपाईंले के जाँच गर्नुपर्छ?

• Write down each incident with date, place and witnesses, and keep e-mails, messages and your contract.
• Make a timeline showing when your religious practice became known and when the treatment changed.
• Submit an internal complaint in writing and state that you rely on the Equal Treatment Act.
• Note the date your employment ended: the two-month deadline of Article 7:686a(4) BW runs from that day.
• जाँच गर्नुहोस् कि तपाईंको कानूनी खर्च बीमा or trade union covers the dispute.

रोजगारदाताको रूपमा तपाईंले के जाँच गर्नुपर्छ?

• Is any neutrality policy in writing, applied to all religious, political and philosophical symbols alike, and limited to customer-facing roles?
• Are job requirements, such as clothing or availability, really necessary for the job?
• Did you consider alternatives, such as prayer within break time, an adapted uniform or swapped shifts?
• Are the real reasons for hiring and dismissal decisions recorded at the time they are made?
• Is the complainant protected against reprisals (Article 8a AWGB)?

What can we do for you with religious discrimination at work?

हाम्रो रोजगार वकिल advise employees and employers on equal treatment, dismissal and compensation. For the wider rules, see our overview of डच रोजगार कानून.

• We assess whether the facts shift the burden of proof under Article 10 AWGB.
• हामी दुई महिनाको समयसीमा भित्र उप-जिल्ला अदालतमा निवेदन दायर गर्छौं।
• We calculate the fair compensation, notice-period compensation and transition payment.
• We prepare a complaint to the Netherlands Institute for Human Rights.
• We review neutrality policies and job requirements for employers.
• We negotiate and draft the settlement agreement.

सारांश

• समान व्यवहार ऐनले रोजगारीको हरेक चरणमा धर्म वा विश्वासको आधारमा प्रत्यक्ष र अप्रत्यक्ष भेदभावलाई निषेध गर्दछ (धारा १ र ५ AWGB)।
• एकपटक तपाईंले भेदभावलाई औंल्याउने तथ्यहरू प्रस्तुत गरेपछि, तपाईंको रोजगारदाताले भेदभाव नगरेको प्रमाणित गर्नुपर्छ (धारा १० AWGB)।
• तटस्थ नियमलाई केवल तब मात्र अनुमति दिइन्छ जब यसले वैध उद्देश्य पूरा गर्छ र उपयुक्त र आवश्यक छ; धार्मिक संस्थाहरूमा सीमित अपवाद छ (धारा २ र ५(२) AWGB)।
• परिवीक्षा अवधिमा पनि भेदभावपूर्ण बर्खास्ती खारेज हुन सक्छ वा उचित क्षतिपूर्ति दिन सकिन्छ (धारा ७:६८१ BW); अनुरोध दुई महिना भित्र दायर गरिनुपर्छ।
• Employers reduce their risk with a written policy, genuine attention to alternatives and careful documentation.

बारम्बार सोधिने प्रश्नहरू