Introduction
Employers have broad powers, but are bound by clear rules within employment law. Not every action or decision is permitted. This blog discusses three key concerns that employers should consider.
An employer is not a doctor
An employer may not independently assess whether an employee is unfit for work. Only a company doctor or occupational health physician is authorized to give an opinion in this regard. Employees are not required to submit medical certificates from a general practitioner or specialist. In addition, an employer must refer an employee to a company doctor or arbo doctor for an initial assessment within six weeks of reporting sick.
The notice period must be respected
On-call workers are subject to a statutory on-call period of at least four days. This means that an employer cannot require an on-call worker to be available one day in advance, unless a shorter period is set by collective bargaining agreement, for example in the hospitality industry (minimum 24 hours). If the on-call period is not observed, the employee is not obliged to respond to the call.
Dismissal requires reasonable cause
An employment contract cannot be terminated without a valid reason. A reasonable ground for dismissal is required, such as dysfunction, a disturbed working relationship or business economic circumstances. Strict requirements also apply to the substantiation of a dismissal file. Instant dismissal is only allowed under special circumstances, such as serious misconduct, and even then legal conditions must be strictly adhered to.
Conclusion
Employers have significant responsibilities within employment law. They may not make independent judgments about illness, must comply with statutory notice periods, and can only proceed to dismiss when reasonable grounds are present. Care and compliance with the legal frameworks are essential in this regard....
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – 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 the rules for employers. Please feel free to get in touch .
April 2025
