Introduction
Under labor law, employers have considerable authority. However, there are clear limits to what they may impose on employees. Not every instruction is permitted, even under the guise of “employer authority.” This blog discusses three common situations in which employers may overstep their bounds. Understanding these limits helps both employees and employers prevent conflicts.
Sick? It’s not your job to find a replacement on your own
In the event of illness, the responsibility for finding a replacement lies entirely with the employer. An employee who is sick is unable to work and therefore does not need to take any action to ensure that the work continues. This means that the employer may not ask you to find a replacement yourself or to call colleagues to take over your duties.
What can be expected of an employee is to report sick in a timely manner and to be available for any contact with the employer or the company physician. However, the employer’s obligation ends there. By demanding that an employee continue to play an active role in the workplace while on sick leave, the employer exceeds the legal limits.
Vacation days may not be imposed unilaterally
Although employers may influence vacation scheduling, they may not simply require employees to take vacation days. In practice, it sometimes happens that employers, when facing a labor shortage or a slow period, want to “schedule out” employees by having them take vacation days. Legally, this is not permitted without consultation.
Taking vacation days requires the employee’s consent. Deviations from this rule are permitted only if different arrangements have been made in the employment contract or collective bargaining agreement—for example, in the event of a company shutdown. In the absence of such a provision, consent remains necessary. The employer therefore cannot unilaterally withhold vacation days.
Equal pay for equal work is the norm
Labor law prohibits unequal pay for employees who perform comparable work, unless there is an objective justification for such differences. Examples include differences in education, experience, or specific negotiation points for positions where there is a shortage of candidates. Nevertheless, the employer must always be able to substantiate such differences.
If two employees perform the same job but there is a difference in pay without a legitimate reason, this constitutes unequal treatment. This can lead not only to unrest in the workplace but also to legal liability. Equal work requires equal pay—unless it can be demonstrated otherwise.
Conclusion
Labor law provides employees with important protections against unreasonable demands from their employers. Having to arrange your own replacement when you’re sick, mandatory vacation days, and unjustified pay disparities are all examples of situations in which an employer’s authority has limits. By understanding these rights, you can take timely action against abuses.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about employer authority. Please feel free to contact us .
April 2025