The Netherlands will defy EU deadline for equal pay: critics sound alarm
In the media image: Alicia Christin Gerald on Unsplash
The Netherlands will not meet the EU deadline for equal-pay legislation implementation and fears no repercussions. However, Professor of Labour Law Gerrard Boot cautions in ‘Trouw’ newspaper that missing the deadline weakens employees’ rights and risks legal proceedings.
The Netherlands will not meet the EU deadline for equal-pay legislation implementation and fears no repercussions. However, labour law professor Gerrard Boot cautions in ‘Trouw’ that missing it weakens employees’ rights and risks legal proceedings.
The Dutch government has decided not to have the implementation – which should guarantee equal pay for work of equal value between men and women – ready in national law within the prescribed EU deadline of June 2026. The aim is for it to enter into force on 1 January 2027. The delay means that important obligations such as transparency about salaries for vacancies, the ban on questions about salary history and mandatory reports on the pay gap will only take effect later. A spokesperson for the Ministry of Social Affairs and Employment says that 'employees are ultimately better served by a law that works, but may come six months later. Diligence is more important than speed here.'
Critics warn that the delay creates uncertainty for employers and employees. Real equal pay remains a goal, but as long as national implementation is lacking, it remains unclear to workers how they can enforce their rights. The European Commission emphasises that Member States are bound by the deadline, and that non-conformity can result in litigation.
Professor Boot sees opportunities for legal proceedings. According to him, the Supreme Court has previously ruled that the Dutch State acts unlawfully when a European directive is not transposed into national legislation in time, and that the State can be held liable for this. Civil servants could argue that they are suffering damage because they cannot yet rely on the directive. 'The chance that the government will have to pay for this is small, but it’s not out of the question.'
More information?
Read the full article in Trouw (in Dutch)