Introduction
Employers have considerable powers under employment law. Yet there are clear limits to what they may impose on employees. Not every instruction is permissible, even under the guise of "employer authority. This blog discusses three common situations in which employers can go too far. Knowledge of these limits helps employees and employers avoid conflict.
Ill? Arranging your own replacement is not your job
During illness, the responsibility for work replacement lies entirely with the employer. A sick employee is incapacitated and therefore does not have to take any actions to keep work going anyway. This means that the employer may not ask you to find your own replacement or call colleagues to take over your duties.
What can be expected of an employee, however, is timely sick notification and availability for possible contact with the employer or company doctor. However, this is where the obligation ends. By still demanding an active role in the organization of work during illness, the employer exceeds the legal limits.
Vacation days may not be imposed unilaterally
While employers may influence the scheduling of vacations, they may not simply require employees to take vacation days. In practice, when there is a work shortage or quiet period, employers still sometimes want to "book away" employees through vacation days. Legally, this is not allowed without consultation.
Vacation recording requires the consent of the employee. Only if different arrangements are made about this in the labor contract or collective bargaining agreement - for example, in the case of company closures - may this be deviated from. In the absence of such an arrangement, consent remains necessary. Thus, the employer cannot unilaterally withhold vacation days.
Equal pay for equal work is the norm
Labor law prohibits unequal pay for employees doing similar work unless there is an objective justification. Consider differences in education, experience or specific bargaining power in scarce positions. Still, the employer must always be able to substantiate such differences.
If two employees perform the same job, but there is a difference in salary for no legitimate reason, this is unequal treatment. This can lead not only to turmoil in the workplace, but also to legal liability. Equal employment requires equal pay - unless demonstrably otherwise.
Conclusion
Labor law provides employees with important protection against unreasonable demands from their employer. Arranging their own replacement for illness, mandatory vacation days and unjustified wage differentials are all examples of situations where employer authority has limits. Knowing these rights allows for timely action when abuses occur.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about employer authority. Please feel free to contact us .
April 2025
