Do you still have to respond to text messages, phone calls, or emails from your boss outside of work hours? For many employees, the answer to that question is yes. Recent research shows that one in five young employees is required by their employer to be available at all times, even outside of agreed-upon work hours. But what’s the legal situation? Can you say, “Don’t call me”? And what if your free time is disrupted by work demands? In this blog, we explain the legal aspects of being available outside of working hours and what rights you have as an employee.
No Legal Right to Unavailability
In countries such as France, it already exists: the right to be unreachable, a legally enshrined right for employees not to have to be reachable outside of working hours. In the Netherlands, no such legislation is in effect. There are currently no concrete plans to change that in the near future.
However, this does not mean that your employer can simply contact you as often as they like outside of working hours. Other laws and regulations do provide grounds for protection.
Collective Bargaining Agreements (CBAs) containing provisions on on-call availability
Although there is no general law on the matter, an increasing number of collective bargaining agreements are including provisions regarding unavailability outside of working hours. For example, collective bargaining agreements in sectors such as home care, child care, care for people with disabilities, and nursing stipulate that employees have the right to rest and may not be disturbed on their days off or during their vacations.
Do you work in an industry covered by such a collective bargaining agreement? If so, you can invoke it immediately. Are you covered by a collective bargaining agreement that does not address this issue? In that case, you must rely on general rules regarding good employment practices and working conditions.
Good Employment Practices: Limits on Availability
Under the law, an employer must act as a good employer. This obligation is set forth in Article 7:611 of the Civil Code. A good employer is expected to respect the private lives of their employees and not contact them unnecessarily outside of working hours.
A quick text in an emergency is one thing. But systematic disruptions to your free time? Those can be legally problematic, especially if they lead to stress, fatigue, or a disrupted work-life balance.
The Working Conditions Act and Employee Recovery
In addition, the Working Conditions Act (Arbowet) stipulates that employers are required to limit psychosocial work-related stress (PSA). This includes factors such as work pressure, stress, and a lack of rest.
If you’re constantly being interrupted outside of work hours and are therefore unable to get enough rest, that’s not only annoying but also a risk to your health. Employers must ensure a safe and healthy work environment—and that applies even when you’re not at work.
What can you do if your employer keeps contacting you?
Do you feel like you’re never truly free? If so, it’s a good idea to:
- Bring up the topic. Let them know that you need some free time to recover and relax.
- Check whether your collective bargaining agreement says anything about being available outside of working hours.
- Assess your workload, for example, by keeping a work log.
- Involve HR or the works council if the discussion does not yield any results.
In persistent cases, it may help to invoke the employer’s duty of care or to file a report with the occupational health and safety service or the company physician.
Conclusion
Although there is no legal right to be unreachable in the Netherlands, as an employee you are protected against unnecessary demands outside of working hours. Employers must act as responsible employers and respect your right to rest. It’s especially important to take action when work pressure leads to mental health issues or prevents you from fully recovering. Hold your employer accountable—and know that you’re not alone in this.
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 help you if you have any questions about the availability of employers and employees. Please feel free to contact us .
April 2025