Do you work with colleagues who earn more for the same work? And are you then told: “Yes but you’re a student” or “You’re a temp worker”?
Many young people accept that difference, but that is by no means always necessary.
In this blog we explain when you are entitled to equal pay, when pay differences are not allowed and what you can do if you are consistently paid too little.
Is there such a thing as “equal pay for equal work”?
👉 Yes.
The principle in employment law is that employees who do the same work, under comparable circumstances, also equally paid must be.
That also applies to:
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young people
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students
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part-timers
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temporary agency workers
An employer may not simply make distinctions.
When is a pay difference allowed?
Not every pay difference is automatically prohibited. A pay difference can sometimes be allowed, for example with:
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demonstrably more experience
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a higher level of education that is truly relevant
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additional responsibilities
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longer length of service
But: the difference must objectively explainable be.
“You are young” or “it’s just a side job” is not a valid reason.
Common situations where it goes wrong
Among young people we often see:
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permanent employees earn more for the same work
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temporary agency workers receive a lower hourly wage
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students receive fewer allowances
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young people are systematically in a lower pay scale
👉 In many of these situations the pay difference not allowed.
Equal pay for temporary agency workers
For temporary agency workers, there is a extra important rule:
👉 equal pay for equal work at the client company.
This means that as a temporary agency worker you may be entitled to:
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the same hourly wage
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the same allowances
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the same reimbursements
as colleagues who are directly employed and do the same work.
In practice, this very often goes wrong.
How do you know if your pay is too low?
Ask yourself these questions:
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do I do the same work as my colleagues?
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do I have the same responsibilities?
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do we work the same shifts?
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is the pay difference well explained?
Can’t you think of a clear reason?
Then the difference is suspicious.
What if the employer says: “That’s the policy”?
Internal rules or “policy” may:
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not conflict with the law
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not turn out to be discriminatory
Certainly not if the distinction is purely based on:
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age
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being a student
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type of contract
Legally, that often does not hold up.
What can you do if you earn too little?
Use this step-by-step plan:
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Compare your pay with colleagues
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Check your contract, collective agreement, and payslip
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Ask in writing for an explanation
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Ask for an adjustment or back pay
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Take action if nothing happens
In some cases you can:
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get back pay
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receive allowances retroactively
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compel a permanent raise
Common mistakes by young people
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thinking that age explains everything
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finding pay differences normal
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not daring to ask questions
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assuming that temporary agency workers always get less
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waiting too long
That often costs money unnecessarily.
Are you unsure whether your pay is correct?
Are you:
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student
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part-timer
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temporary agency worker
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young person with a part-time job
and do you think that you earn less than colleagues for the same work?
Then have it checked. Often it turns out that:
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the pay difference isn’t right
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you are entitled to back pay
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the employer is going too far
👉 Feel free to get in touch to have your situation assessed.
Practical Steps If You Suspect Unequal Pay
If you suspect that you are being paid unfairly compared to your colleagues despite doing the same work under similar conditions, it is important to take informed steps. Start by gathering relevant information, such as your employment contract, payslips, and any written information about pay scales or collective labor agreements (CAOs).
In the Netherlands, many sectors have CAOs which regulate minimum wages and pay scales, including provisions for young workers and students. These CAOs can be a useful reference point to check whether your pay aligns with industry standards.
- Review your contract and CAO: Check if your employer is following the agreed pay scale for your job role and age category.
- Compare with colleagues: If possible, discreetly find out whether colleagues in similar positions earn more. Remember, discussing salaries is not prohibited under Dutch law.
- Discuss with your employer: If you find a discrepancy, raise the issue professionally with your employer or HR department. Sometimes pay differences stem from misunderstandings or administrative errors.
Legal Protection Against Pay Discrimination
Under Dutch law, pay discrimination is prohibited based on age, gender, nationality, or employment type. The Dutch Equal Treatment Act (Algemene wet gelijke behandeling) ensures that employers cannot justify pay differences on discriminatory grounds. This means that statements like “you’re young” or “you’re just a student” cannot be used as valid reasons for paying less if the work is equal.
If your employer refuses to correct an unjustified pay difference, you have the right to seek legal assistance. You can file a complaint with the Netherlands Institute for Human Rights (College voor de Rechten van de Mens) or take legal action through the courts.
Special Considerations for Young Workers and Students
While the principle of equal pay applies to young workers and students, there are legal provisions that allow for lower minimum wages for younger employees, reflecting their age and experience. For example, the Dutch minimum wage law sets different minimum wage levels for employees under 21 years old. However, this should not be confused with unjustified pay discrimination for equal work among employees of the same age group.
Employers must always ensure that any pay differentiation based on age complies with the statutory minimum wage regulations and does not violate equal pay principles.
Conclusion
Equal pay for equal work is a fundamental right in the Netherlands, extended explicitly to young people, students, part-timers, and temporary workers. While some pay differences can be legally justified, arbitrary distinctions based solely on age or employment status are not permitted.
If you believe you are being paid unfairly, it is crucial to understand your rights and seek advice early. At Arslan & Arslan Advocaten, we specialize in employment law and are here to help you navigate pay disputes and ensure you receive the remuneration you deserve.
Contact us today for a confidential consultation and empower yourself with expert legal support.
Frequently Asked Questions
Am I entitled to equal pay if I am a student or a temporary worker doing the same job as my colleagues?
Yes, employment law states that workers doing the same work under comparable circumstances should be paid equally, regardless of student or temporary status. Employers cannot justify pay differences based solely on these factors.
When is a pay difference considered lawful?
A pay difference may be lawful if it is based on objectively justifiable reasons like relevant experience, education, responsibilities, or length of service. Mere differences like age or contract type are generally not valid reasons for unequal pay.
What should I do if I suspect I am being paid less than my colleagues for the same work?
You should compare your pay, responsibilities, and shifts with your colleagues, review your contract and payslips, and then request a written explanation from your employer if you notice unjustified differences. If the response is unsatisfactory, legal advice can help you further.
Are there specific rules for temporary agency workers regarding pay?
Yes, temporary agency workers are entitled to the same hourly wage, allowances, and reimbursements as directly employed colleagues doing the same work at the client company. Pay discrimination in this context is often unlawful.