The Working Conditions Act was amended on 1 July 2017. Does your company meet the requirements of the new legislation? Check in this blog whether you will have to make changes.
The Working Conditions Act (Arbowet) was amended on 1 July 2017. The Working Conditions Act contains general rules for employees and employers to promote the health and safety of employees.
The following rights and obligations are included in the changed Working Conditions Act:
Arrangements between health and safety service providers and employers have to be laid down in a basic contract. In such a basic contract a number of subjects has to be addressed. For instance, at what point employers have to be supported by the health and safety service and how access to the company doctor is arranged. The Works Council has a right of consent regarding the contents of the basic contract.
Employees who are not sick also should be given the opportunity to see the company doctor without prior consent. This obligation can be fulfilled by an open consultation hour.
If the employee has doubts about the opinion of the company doctor, the employee may request a second opinion by another company doctor. The employer is required to pay the costs thereof. The option to get a second opinion from the UWV continues to exist.
A company doctor should be given the opportunity to see each workplace. This way, the company doctors can improve the performance of their tasks.
To guarantee the impartiality of the company doctor, it was expressly provided that the company doctor has an advisory role only regarding supervision in case of illness. The responsibility to monitor absenteeism remains with the employer. In addition, the company doctor shall provide advice on preventive measures.
All company doctors are required to have a complaints procedure that is known to everyone.
The prevention officers who must be appointed by each organisation will also cooperate with and provide advice to the company doctor and other health and safety specialists.
Employees play an important part in the health and safety policy. For instance, the prevention officer is appointed with the consent of the Works Council (or employee representation (PVT) or the employees concerned) and the function of the prevention officer has to be outlined as well. In addition, the company doctor and other health and safety specialists are allowed to engage in consultations with the Works Council.
Compliance monitoring of the Health and Safety Act will be performed by the Social Affairs and Employment Inspectorate. Are you not meeting the requirements of the Health and Safety Act? In this event, the Inspectorate may impose measures and fines.
The change in the law entered into force on 1 July 2017 but there is a transitional period up to 1 July 2018. This means, new contracts must be in accordance with the new rules from the very beginning but existing contracts have to be in line with the legislation no later than 1 July 2018.
It is important to inform your employees about the changes in the Working Conditions Act. The right to visiting open consultation hours, requesting a second opinion of another company doctor and filing a complaint with the company doctor can, for instance, be included in an employee handbook. We will gladly help you drafting it.
Make sure that your contracts with the working conditions service are in line with the new Working Conditions Act on time. In addition, make clear arrangements with your health and safety officer, prevention officer and company doctor.
Would you like to learn more about the Working Conditions Act or your obligations regarding (sick) employees? Please contact us:
Statutory directors enjoy less protection against dismissal, but there must still be reasonable grounds for the dismissal. Otherwise, the employer must pay fair compensation. This can be substantial, as a recent ruling has shown. Why was the employer required to pay this compensation?
The European AI Act requires employers to ensure that employees have sufficient knowledge of AI systems. This can be achieved through training, but also through an AI policy tailored to the company. What should you include in such a policy? What role does the works council play in the implementation of the AI policy?
Reinier W.L. Russell, LL.M. has published an article on The benefits of a works council for entrepreneurs in the “Off the record” section of Primerus Weekly on March 3, 2026. Below you will find the text of this article.
Employees who are underperforming may be dismissed. However, they must first be given the opportunity to improve their performance through a performance improvement plan (PIP). What requirements must such a plan meet?
The works council has the right of consent when establishing, amending or withdrawing a remuneration system. Is an amendment to a share scheme an amendment to the remuneration system?
The salary thresholds for highly skilled migrants and European Blue Card holders are adjusted annually. What will be the amounts for 2026? Also, stricter rules for the highly skilled migrant scheme are proposed. What might change?
