Anti-discriminatiebeleid
ANTI-DISCRIMINATION POLICY
Introduction
ML-Works B.V. believes from her vision that everyone is entitled to equal opportunities on the labor market, regardless of: origin, religion, gender, pregnancy or age (article 1 constitution) In some cases there is obvious discrimination, but sometimes it is difficult to assess whether it is a discriminatory request, which complicates the correct way of acting. What job requirements are allowed? And which are not? How is a hirer alerted to a discriminatory request without disrupting the working relationship?
At ML-Works, we say YES to our hires, but NO to discrimination. ML-Works employees are the most important link in this. Dare to say NO! The temporary employment industry plays an important role in fighting discrimination. At the same time, discrimination is a broad social problem that affects the entire labor market. Hirers also have a big responsibility. The temporary employment industry is the key to the solution. It is the task of everyone not to respond to discriminatory requests and to make the subject discussable.
Temporary employment is a stepping stone to the labor market for many people. ML-Works has the goal to help people with a larger distance to the labor market (for example people with an immigrant background, disabled people or people over 50) to find a suitable job. ML-Works will behave towards temporary workers, hirers and other temporary employment agencies in accordance with the laws and regulations applicable in the Netherlands.
The purpose of these rules of conduct is: To promote that employees apply the principle of equal treatment in their daily conduct and to provide clarity on how to avoid making (knowingly or unknowingly) unequal treatment prohibited by law. This concerns unequal treatment based on: gender, race, ethnic origin or color, nationality, religion, belief, political affiliation, marital status, sexual orientation, disability and age.
Article 1. Prohibition of discrimination
1. In accordance with the provisions of the General Equal Treatment Act (AWGB), the Equal Treatment for Men and Women Act (WGB), the Equal Treatment on the Basis of Disability or Chronic Illness Act (WGBH/CZ) and the Equal Treatment on the Basis of Age in Employment Act (WGBL), ML-Works rejects distinctions on the basis of: gender, religion, belief, political affiliation, race, nationality, heterosexual or homosexual orientation, marital status, disability, chronic illness and age.
2. ML-Works shall refrain from making unauthorized distinctions, whether direct or indirect. Direct discrimination is a direct reference to one of the personal characteristics mentioned in the first paragraph. Indirect distinction is distinction based on a neutral criterion, which disproportionately affects certain persons in relation to one of the personal characteristics mentioned.
3. Views or preferences of hirers, their staff members or their relations are not a valid reason to exclude persons in connection with the personal characteristics mentioned in the first paragraph.
4. Employees of ML-Works will inform hirers and prospective hirers, when the occasion arises, that they will not cooperate in granting demands or wishes with a discriminatory purport.
Article 2. Preferential policies
1.As an exception to the prohibition of discrimination, hirers are permitted by law to apply a preferential policy in job vacancies to three groups only: women, persons belonging to a particular ethnic or cultural minority group and persons with a disability or chronic illness. However, this is permitted only if the purpose of this policy is to place persons belonging to these groups in a privileged position in order to eliminate actual inequalities. Preferential policies must meet the requirements set forth in Article 2, paragraph 3, of the General Equal Treatment Act and Article 3, paragraph 1, opening words and subsection c, of the Equal Treatment on the Basis of Disability and Chronic Illness Act, respectively.
2. The pursuit of preferential policies with respect to groups other than those mentioned above shall in no case be permitted. Nor is it permitted to pursue a preferential policy on the basis of other personal characteristics.
Article 3. Recruitment and Selection
1. When recruiting, selecting and making workers available to hirers, ML-Works employees shall, subject to legal provisions, be guided solely by functional requirements.
2. To prevent unlawful discrimination, the setting of non-functional requirements when supplying workers is not allowed, because the effect may be that (indirect) discrimination is made on the basis of prohibited personal characteristics.
3. ML-Works employees will inform hirers, in appropriate cases, that the law prohibits them from cooperating in meeting demands or wishes with a discriminatory purport.
Article 4. Offering relationships
1. The public offering of a position shall be made, in terms of the text and design of the vacancy, in such a way that it does not indicate any preference with regard to gender or age.
2. Insofar as discrimination on the basis of equal treatment legislation is permitted by way of exception, the reason shall be expressly stated when the position is offered.
Article 5. Duty to Disclose
ML-Works employees and hirers may not ask questions about personal characteristics such as pregnancy, disability or chronic illness and health history during the selection phase, unless this is exceptionally permitted under equal treatment legislation.
Article 6. Registration of personal characteristics
1. ML-Works employees, when registering (prospective) temporary employees, will not make any note of: race, color or ethnic origin of the persons involved.
2. A note that a (prospective) temporary worker belongs to an ethnic or cultural minority will only be made if the employer intends to pursue a preferential policy for this group in order to eliminate the actual inequality of this group.
3. ML-Works employees may register those data necessary to comply with legal regulations, such as determining whether the (prospective) temporary worker is allowed to work in the Netherlands. According to the Compulsory Identification Act, every person will have to identify himself by means of a passport, driver's license or identification card when joining an employer. If the person turns out to have a non-Dutch nationality, it must be determined whether or not the person is an EEA national. All EEA nationals may - Page 4 of 5 if any formal, administrative requirements are met - work in the Netherlands without restrictions. If the (prospective) temporary worker is not an EEA national, it must be determined whether the person is entitled to reside and work in the Netherlands in accordance with the Foreign Nationals (Employment) Act (WAV). Use of this data for other purposes is not permitted.
Article 7. Disclosure
1. ML-Works will provide instructions on implementation and application as necessary.
2. Equal treatment legislation is part of the consultant training.
3. The ABU and its members endorse these rules of conduct and publish them on the ABU website.
Article 8. Complaint procedure
1. Any interested party may submit a complaint against a member of the ABU or against a temporary employment agency that is not a member of the ABU, but that has voluntarily submitted in advance to these Rules of Conduct. This can be done with the secretary of the Arbitration Tribunal and, in the absence of such a secretary, with the secretariat of the ABU. The complaint is that the temporary employment agency is alleged to have acted contrary to one or more articles of the rules of conduct. The secretary of the Arbitration Tribunal, and failing that, the secretariat of the ABU, shall forward the complaint to the Arbitration Tribunal as soon as possible.
2. The possibility of submitting a complaint to the Arbitration Tribunal does not detract from the possibility that an interested party has, pursuant to Section 12(2) of the AWGB, to submit a request for an opinion to the Equal Treatment Commission. It is not required that the complaint procedure before the Arbitration Tribunal or any other internal or external procedure be followed prior to that.
3. The sanctions, which the Arbitral Tribunal may impose, consist of issuing a warning to the temporary employment agency concerned or a written reprimand, respectively, advising the ABU to expel the member declared guilty from membership in the ABU.
4. ML-Works has its own complaint committee within the organization. In the protocol 'undesirable manners' this is named in terms of content with the corresponding procedures.