From intention to action: immediate steps for workplace inclusion
21 October 2024

Many companies aim to build a workforce representing different groups and to provide a work environment in which all employees feel safe and appreciated. Despite their good intentions, they sometimes struggle to translate this ambition into specific actions. However, even minor adjustments can make a great difference in the short term. This News Update highlights a few specific examples to help create a more inclusive corporate culture.

Strategies to boost inclusion

Switch to gender-neutral language

Gender-neutral language can be used in employment agreements, agreement templates and handbooks, as well as in internal communications. For example, replace 'husband' or 'wife' with 'partner' and 'he' or 'she' with 'the employee'.

Implement flexible use of public holidays (diversity leave)

Let your employees decide for themselves when to use the leave allocated for official public holidays. For example, an employee could take a day off during Hanukkah and instead work on Christmas Day. Another option is to grant employees 'additional' diversity leave that they can use to take time off on a day meaningful to them, such as Ketikoti, Eid al-Fitr or Pride Day.

Introduce vitality leave

Replace age-related leave with vitality leave, allowing all employees to use that day off for activities that help them to stay fit and healthy, regardless of their age.

Use objective assessment methods

Establish job-specific assessment criteria and provide interview guidelines. This guidance will improve transparency for both supervisors and employees regarding the criteria applicable to job assessments and help prevent bias (including unconscious bias).

Appoint a confidential adviser 

Appoint a confidential adviser for all employees. This adviser should be well-versed in recognising and addressing signs of an unpleasant work environment for employees.

Inclusive pay 

The EU Pay Transparency Directive must be implemented in Dutch legislation by 7 June 2026. Its purpose is to promote equal pay for equal work (or work of equal value) between men and women. The main consequences for employers are as follows:
  • Reporting obligations: employers with 100 workers or more must annually report on the pay gap between female and male workers.
  • Transparency rights: employers must inform applicants and workers about the initial pay or the initial pay range and are not allowed to ask applicants about their current pay or prior pay history. Additionally, during their employment, workers have a right to obtain information on the average pay levels for the category of workers performing the same work as them or work of equal value to theirs, and employers must inform their workers about the objective and gender-neutral criteria used to determine these pay levels.
  • A reversed burden of proof applies in the event that certain pay transparency obligations are not being complied with, meaning that the employer must prove that there has been no direct or indirect discrimination.

We advise employers to investigate how these issues are currently being addressed within their organisation and prepare an action plan to remedy any deficiencies.

Works council's role

Works councils can also exert influence by initiating discussions on diversity and inclusion. Under the Works Councils Act (Wet op de ondernemingsraden), works councils have a duty to prevent discrimination within the organisation and to promote equal treatment of all genders as well as the integration of minorities. The works council can request information about these topics and then discuss them during its meetings. Works councils also have a right of initiative, under which they can submit proposals to the board to promote diversity and inclusion within the organisation. Finally, under their right of prior consent, works councils can address these elements when a job evaluation or pay system is adopted, amended or withdrawn.

Even minor adjustments to terms of employment can mean a world of difference in creating an inclusive work environment. Houthoff's Employment Team is ready to assist you in ensuring that your terms of employment reflect your commitment to diversity and inclusion.

Written by:

Key Contact

Amsterdam
Advocaat | Partner

Key Contact

Amsterdam
Advocaat | Associate