Employers have a duty to care for their employees. This is enshrined in the law in article 328ff. OR and are concretized for trans persons by the Equality Act (GLG). The focus is on the personal protection of employees. What does this mean to you?
Communication means are issued on the desired first name and corresponding gender. There is no need to change the official name and gender. As Aan employer you are obligated to keep the transpersonal identity of your employees secret. Unless there are internal or external constraints.
Gender specific operating considerations
With regard to the use of showers, toilets and cloakrooms, the personal rights of the trans person and the other employees must be respected. Find a solution that can be implemented in the context of the operating conditions of the company. The trans person must also be free to wear appropriate service clothing corresponding to their gender identity.
Protection against bullying
According to article 3 GLG and article 328 OR, employers are obligated to protect their employees from personal harassment. It is your legal duty to take the necessary measures to protect the trans person.
As an employer you are required to present the work certificates to the chosen name and gender. Gender identity is regarded as a particularly worthy aspect of private life (articles 10, 13 BV; article 8 of the ECHR). Therefore, documents are issued in such a way that there is no forced outing towards third parties.
The work certificate has to provide truthful information about the service provided during employment. The issue of certificates on a non-official first name and the corresponding gender of a trans person does not violate this obligation of truth. Previous intermediate certificates must be changed – without mentioning the re-editing – to align with the desired personal data of the employee. This is not considered forgery in the criminal law (article 251 CP).
On request employers should change the employment contract to the desired first name and gender, even if the official name and status change has not (yet) been completed.