Introduction
Outside of work hours, do you still have to respond to apps, phone calls or emails from your boss? For many employees, the answer to that question is yes. Recent research shows that one in five young employees are required by their employer to be reachable at all times, even outside agreed-upon working hours. But what about that legally? Can you say, "Don't call me"? And what if your free time is disrupted by work pressure? In this blog, we explain the legal situation regarding reachability outside working hours and what rights you have as an employee.
No legal right to inaccessibility
In countries such as France, it already exists: the right to be unreachable, a legally established right for employees not to have to be available outside working hours. There is no such legislation in the Netherlands. There are currently no concrete plans to change that in the near future.
However, this does not mean that your employer can simply seek unlimited contact with you outside working hours. Other laws and regulations do offer protection.
CLAs with agreements on accessibility
Although there is no general law, more and more collective bargaining agreements are including provisions on inaccessibility outside working hours. For example, collective bargaining agreements in the home care, child care, disability care and nursing sectors, among others, stipulate that employees have the right to rest and not be disturbed on days off or during vacations.
Do you work in an industry that has such a collective bargaining agreement? Then you can appeal directly to it. Are you covered by a collective bargaining agreement in which nothing is regulated? Then you will have to rely on general rules about being a good employer and working conditions.
Good employment practice: limits to accessibility
By law, an employer must behave as a good employer. This obligation is contained in Article 7:611 of the Civil Code. A good employer can be expected to respect the private lives of his employees and not approach them unnecessarily outside working hours.
An app in case of emergency is one thing. But structural disruptions to your free time? Those can be legally problematic, especially if they lead to stress, fatigue or disrupted work-life balance.
The Working Conditions Act and worker rehabilitation
In addition, the Working Conditions Act (Arbowet) stipulates that employers are required to reduce psychosocial workload (PSA). This includes issues such as work pressure, stress and lack of rest.
If you are constantly disturbed outside your working hours and cannot recover sufficiently, it is not only a nuisance, but also a risk to your health. Employers must provide a safe and healthy work environment - and that applies even when you're not at work.
What can you do if your employer keeps approaching you?
Do you feel that you are never really free? Then it is wise to:
- Discuss the subject. Indicate that you need time off to recover and relax.
- To check if your collective bargaining agreement says anything about out-of-hours accessibility.
- Chart your workload, such as with a work diary.
- Involve HR or the works council if the conversation is unsuccessful.
In persistent cases, it may help to invoke the employer's duty of care or file a report with the occupational health and safety service or company doctor.
Conclusion
Although there is no legal right to inaccessibility in the Netherlands, as an employee you are protected against unnecessary stress outside working hours. Employers must behave as a good employer and take into account your right to rest. Especially when the workload leads to mental complaints or insufficient recovery, it is important to take action. Hold your employer accountable - and know that you are not alone.
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 and employee accessibility. Please feel free to get in touch .
April 2025
