Your lawyerPriscilla C.X. de Leede, LL.M.
Priscilla de Leede advises national and international entrepreneurs and organisations in disputes concerning personnel, employee participation, and social security. She is a member of the employment law and dismissal group at Russell Advocaten.
t: +31 20 - 301 55 55
Legislative Proposal “Work Where You Want”
In times of COVID-19 almost everyone will be confronted with working from home. But can employees also enforce working from home after COVID-19? The legislative proposal “Werken waar je wil” (Work Where You Want) reinforces the employees’ right to choose their place of work.
What is the situation now?
Under the Flexible Work Act, employees can request the employer in writing for a change of working hours, working time and place of work. The condition is that the employee has been employed for at least six months by an employer with 10 employees or more. With regard to a request for adjustment of working hours and working time, the employer may only reject such a request if compelling business or service interests oppose this. This condition does not apply with regard to a request for a change in place of work.
What does the legislative proposal change?
According to the legislative proposal, the Flexible Work Act will include a provision that an employee’s request to the employer for a change in the place of work can only be rejected if there are compelling business or service interests. A rejection of a request to work from home is therefore less likely.
Is it possible to deviate from the Flexible Work Act?
The Flexible Work Act does not apply to employers with fewer than 10 employees. It is possible to deviate from this Act if a collective agreement is applicable to the employment contract. In addition, employers may agree in writing with the works council – or in its absence with employee representatives – to deviate from the law for a maximum period of 5 years.
What is the state of affairs?
The internet consultation regarding the legislative proposal has recently been closed. This means, it is now up to the Dutch cabinet to decide on the legislative proposal.
Point for attention
Even if employees are working from home, you as an employer must still fulfill your duty of care and hence ensure a safe and healthy workplace. This already applies now, regardless of whether the legislative proposal will be adopted.
Do you have any questions about working from home or any other questions concerning employment law? Please contact us!
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