Press Release: Gender Equality: European Commission refers the Netherlands to the Court

The European Commission decided 24 January 2013 to refer the Netherlands to the Court of Justice of the European Union for not adequately protecting the rights of employees on maternity, adoption or parental leave related to their return to work.

According to the EU Gender Equality Directive, employees coming back from maternity, adoption or parental leave are entitled to return to their job or to an equivalent post. EU rules also specify that the employee will also benefit from any improvement in working conditions to which they would have been entitled during their absence.

The EU Directive requires that the national laws explicitly protect those employment rights. Currently, Dutch legislation does not include specific and express provisions providing protection in relation to return from maternity, paternity or adoption leave. This casts doubt over the degree of protection foreseen by Dutch law and makes it difficult for citizens to know and enforce their rights.

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