Good employee conduct is a legal obligation in the Netherlands. But what exactly does it entail and where are the limits?
Good employee conduct (goed werknemerschap) is a legal obligation under Dutch employment law, set out in the Dutch Civil Code (Burgerlijk Wetboek). It refers to your duty to behave reasonably and responsibly as an employee.
The term may sound vague - and that's intentional. Good employee conduct is an 'open norm', meaning it's interpreted case by case based on legislation and court decisions (jurisprudentie). This concept is specific to the Netherlands and may not exist in this form in your home country.
Of course, you're not expected to always agree with your employer, but your behavior must be reasonable at all times.
Dutch employment law contains many specific rules for employees - such as following reasonable instructions, performing work to receive wages, and cooperating with reintegration after illness. Since not every situation can be explicitly covered by law, the broader concept of good employee conduct fills the gaps.
As an employee, you are expected to carry out reasonable assignments from your employer. Some overtime may also be required as part of good employee conduct, provided it is reasonable and consistent with your employment contract or collective labor agreement (CAO) - a sector-wide agreement between employers and unions that sets minimum terms for your industry.
If unforeseen circumstances arise and you are asked to work hours outside the hours agreed in the employment contract, this falls under good employee conduct.
Good employee conduct also includes not being absent without permission. Consistently arriving late and taking leave after rejection by your employer are examples of this, unless there are compelling circumstances.
Secondary activities (nevenactiviteiten) can include a second job or freelance work outside your regular working hours. Under Dutch law, employees generally have the right to take on additional work.
When an employer fears that this may cause damage to their company, they can put a stop to it through a written agreed side activities clause.
This clause can be signed as a separate document, but is usually included in the employment contract. If you have signed a prohibition on side activities, you must adhere to it as part of good employee conduct.
A prohibition on side activities must also have an objective justification, such as protection of business interests.
Good to know:
When the prohibition is complete or too strict, it can be voided by a court. A complete prohibition on all side activities is often not sustainable.
Open and honest communication is fundamental to the employment relationship. You must share important information with your employer that is relevant to your work - though you're not required to disclose private medical details.
You may not simply make statements that fall under a confidentiality clause. By spilling secrets you violate good employee conduct.
Opposite to good employee conduct is also good employer conduct. Your employer must behave reasonably and fairly towards you.
Violation of good employee conduct means you have not met your obligations under your employment contract and Dutch law. Your employer may respond in various ways, depending on the severity:
Dismissal for violating good employee conduct requires serious misconduct and typically a documented pattern of warnings - your employer cannot dismiss you for a single minor issue.
Under Dutch law, the requirements for good employer conduct (goed werkgeverschap) are generally stricter than those for employees - recognizing the imbalance of power in the employment relationship.
Your freedoms are not unlimited, but neither are your employer's demands. What cannot reasonably be asked of you does not have to be accepted.
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