These days we have to deal with the corona pandemic. The Dutch government has called on Dutch citizens to work at home as much as possible in the struggle to stop coronavirus infection. What is the legal framework within the Netherlands about working from home? This article will further explain how it is legally arranged in the Netherlands to work from home
Working from home is an increasingly common variant of flexible working. This is in line with the changing society, in which work and private life are increasingly mixed together and in which the standard five-day working week loses as a standard. Employees attach more importance to better coordination between work and private life.
This more flexible design of labor has long been called ‘The New Way of Working’; a form of work in which employees may, within the limits set by the employer and with due regard for labor law, determine when, where and how they work.
What are the benefits of working from home?
Benefits of working from home for the employer can be listed as follows:
The benefits of working from home for the employee can be summed up as follows:
What are the conditions for the employee to request working from home?
In principle, employees are not entitled to work from home. Such an obligation may occur in certain collective agreements. Conversely, an employee cannot be forced to work from home. It is therefore advisable to document the criteria that employees must meet in order to be able to work from home in a protocol.
The employee may work in whole or in part from home or from another workplace in consultation with its employer. The employee must submit a written request for this. The employer must have good reason to refuse the request of employee. The employee must meet a number of conditions in order to make such a request.
Conditions for working from home or to work from another workplace are:
What is the response time to the request?
The employer must respond to the employee’s request no later than 1 month before the commencement date. When the employer fail to respond within 1 month than the employee may start working as stated in the request.
What are the reasons to decline request?
The employer can refuse the employee’s request in writing. The employer must have a good reason for the refusal.
For example:
The employee must wait 1 year before he or she can make a new request.
Working Conditions Act
Working from home falls under the Working Conditions Act. The employer is responsible for the working conditions at the employee's home. The Working Conditions Act (article 3) stipulates that the employer is responsible for a safe workplace for the employee. The Working Conditions Decree contains specific rules for the home-work rules. On the basis of this, an employer must ensure that the home workplace is also furnished according to ergonomic principles.
A good workplace consists of a good chair, table and lighting. If the employee does not have these himself, the employer must take care of this. If a computer is used, the location of the screen, the legibility of the screen and the obligation to comply with certain regulations.
Dutch Civil Code
The Dutch Civil Code states that the employer and the employee are obliged to behave as a good employer and a good employee (Article 7: 611). The employer is responsible for furnishing a workplace, the work and the materials with which he has work performed (Article 7: 658). The damage (both physical and mental complaints) that an employee suffers is the responsibility of the employer, unless the damage is the result of intent or deliberate recklessness on the part of the employee.
Working Hours Act
The Working Hours Act states how long employees can work per day and per week and when they are entitled to a break or rest period. These rules are there for the safety, health and well-being of the employee, but also to facilitate the combination of work, private and care tasks. Since the control of working and rest times is more limited, it is advisable to make written agreements about this.
In general, a working day of 8 hours should not exceed 6 hours working behind a screen. The work behind a screen should be alternated with something else every two hours. If alternation is not possible, work must be interrupted. These breaks are then counted as working time.
Duty of care
The employer has obligations based on the civil duty of care. If the employer fails to fulfill his duty of care, it generally applies that the employer is liable for the damage suffered by the employee in the performance of his or her work. Working conditions rules are the minimum that must be met in the context of the civil duty of care. The employer is also obliged to give instructions, to take measures and to ensure that the measures are followed on the basis of the duty of care.