In the Netherlands, there is a legal obligation on employers to ensure safety and well-being for their employees, including in home offices and traditional workplaces. This duty of care encompasses physical and psychological health, extending to home offices, and this is governed by the Dutch Civil Code and the Working Conditions Act (Arbowet).
Legal Foundations and Employer Liability
Article 7:658 of the Dutch Civil Code is the foundation for the employer’s legal responsibility to ensure that employees are protected from work-related harm. This does not only include physical safety, but also protection from mental, psychological harm. Employers must adopt preventive measures, which are tailored in proportion to the nature of the work and associated risks. For example, in high-risk sectors such as healthcare or construction, stricter protocols and safety training are required, while in an office environment, ergonomic support and mental health guidelines are more emphasized. Importantly, the employer’s responsibility is not merely passive, one-sided duty. It is, in fact, active, and they must actively investigate and implement the most effective measures in order to reduce or eliminate risk.
In addition to these direct duties, Dutch case law, such as Pollemans/Hoondert case, has determined that the employers are expected to monitor that rules are obeyed and intervene where necessary. If an employee breaks or disregards a rule, and the employer does not intervene, liability may still rest with the employer. The courts generally consider whether the employer exercised adequate supervision and whether there were systems in place to detect and correct unsafe behavior.
Moreover, even if the damage results from an act of a third party (such as another employee’s negligence), the employer may still be held liable if it can be proven that preventive organizational measures were lacking. Employers can only escape liability if they can demonstrate that they had done everything reasonably possible to prevent the accident, or that the accident was caused intentionally or through gross recklessness by the employee, which is a high bar under Dutch law. This strict interpretation underlines the preventative and proactive role that employers are expected to play in workplace safety.
Preventing Harassment and Discrimination
Employers are expected to prevent workplace harassment and discrimination by the appointment of confidential advisors and the establishment of complaints procedures. Having these in place is not sufficient enough, as employers must also deal with complaints promptly and effectively, ensuring proper and thorough investigation. This is a requirement under the duty to deal with unwanted behaviour in the workplace, as stipulated in the Working Conditions Act.
Obligations for Remote Work
The duty of care also extends to employees working from home, or remote employees. Employers are under a duty to ensure remote work environments are ergonomically correct and provide appropriate equipment like adjustable seats and monitors. While employers are not obligated to purchase new equipment if proper setups already exist, they must assess and confirm the adequacy of remote work environments. This duty is governed under the Working Conditions Act and Working Conditions Decree.
Risk Assessment and Evaluation (RI&E)
Employers are required to conduct a Risk Assessment and Evaluation (RI&E), establishing health and safety risks, including those associated with remote working. The assessment needs to be updated to reflect the particular and unique home working issues, such as increased mental workload from balancing work and personal responsibilities. Failure to maintain a comprehensive RI&E can lead to enforcement actions and fines from the Netherlands Labour Authority.
Avoiding Burnout and Managing Workload
Employers must implement policies to prevent excessive work pressure and burnout. This includes regular consultations about workload and providing information on how to achieve a healthy work-life balance. These measures are particularly necessary for remote workers, who can face more specific and unique stressors. Under Article 7:611 of the Dutch Civil Code, employers can be held liable for damage caused by excessive workload leading to burnout.
Employee Responsibilities
While employers have significant responsibilities, employees also have some obligations for ensuring and maintaining a healthy and safe working environment. Employees are supposed to use the resources and information given by employers to ensure their safety and well-being as they work remotely. This includes following safety guidelines and properly using the equipment provided.
Homeworking Allowance
Companies can offer employees a tax-free homeworking allowance to compensate for additional expenditures incurred by employees working from home, such as energy consumption, other utilities and equipment supplies. Under the 2025 regulations, this allowance shall amount to €2.40 per day. However, employers cannot provide both a homeworking and travel allowance on the same day.
Summary
In summary, Dutch employers are required to actively ensure the health and safety of their employees, regardless of the work setting or conditions. This includes implementing comprehensive policies, conducting thorough risk assessments, and providing necessary resources and support to prevent harm and promote well-being.
