Your employer must behave reasonably and fairly. But what does that mean in practice?
Good employer conduct (goed werkgeverschap) is a legal obligation under Dutch employment law, set out in Article 7:611 of the Dutch Civil Code (Burgerlijk Wetboek). This concept is specific to the Netherlands and may not exist in this form in your home country.
Although the term may sound vague, it essentially means that an employer must behave reasonably and fairly towards employees. This includes paying a fair salary in line with your contract and any applicable collective labor agreement (CAO), providing a safe working environment, and supporting your professional development.
Dutch court decisions (jurisprudentie) have developed various principles to give the concept of good employer conduct more concrete meaning. Below we explain the most important ones.
Your employer must act carefully towards you. This includes a duty to investigate, a duty to hear you out, and proportionality in significant decisions.
An employer must honor the expectations they create. Non-transparent communication is a violation of this principle.
Significant decisions must be well-substantiated and explained. This allows you to understand and, if necessary, challenge the decision.
An employer may not misuse their position of power to pursue objectives other than those for which the power was granted.
Employees in comparable situations must be treated equally. Distinctions based on gender, background, or other characteristics require objective justification.
In certain situations - particularly for work involving increased risk - an employer may be required to provide appropriate insurance coverage.
An important component of good employer conduct is the principle of due care. This means that an employer must act carefully towards you.
This can include various things. An employer has a duty to investigate, a duty to hear you out, and proportionality applies as well.
When making significant decisions, your employer must consider your interests, be well-informed about the situation, and make carefully considered choices.
As an employee, you may feel at a disadvantage due to the power imbalance in the employment relationship. However, Dutch law recognizes this imbalance.
Dutch courts often impose stricter requirements on employers precisely because of their position of power.
As part of good employer conduct, an employer must be able to properly explain and justify significant decisions - such as a transfer to another location. This allows you to understand the reasoning and, if necessary, respond to it.
Good employer conduct means an employer may not misuse their position of power. This is sometimes called 'misuse of authority' - using powers for purposes other than those for which they were granted.
Example: An employer who manipulates the 'chain rule' (ketenregeling) - which limits consecutive temporary contracts - specifically to avoid offering a permanent contract, rather than for legitimate business reasons.
Employees in comparable situations should be treated equally. Distinctions based on gender, background, or other characteristics are only permitted when there is an objective justification. This is supported by Dutch and European equal treatment legislation.
In certain situations, an employer may be required to provide appropriate insurance - particularly for work involving increased risk, such as business travel or activities with physical dangers. The scope of this obligation depends on the specific circumstances.
Not only colleagues among themselves, but also employer and employee must interact in an acceptable manner. The requirements for employer behavior can be found in the principles of good employer conduct.
Good employer conduct requires that your fundamental rights as an employee are respected.
If you believe your employer is violating good employer conduct, it is generally advisable to first attempt dialogue or seek legal advice before considering legal action. Not every disagreement constitutes a legal violation, but persistent or serious issues may warrant further steps.
At LegalBacking, we stand 100% on the side of the employee. We help you with legal assistance when your employer doesn't adhere to the principles of good employer conduct.
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