The situation: working from home versus office commitment
In the Netherlands, working from home has become much more common since the corona pandemic. But can an employer just demand that everyone come back to the office? A recent ruling from case law clarifies this.
A notary employee had been working entirely from home since December 2021. When the employer felt that this was no longer acceptable - among other reasons because she had to supervise colleagues - a conflict arose. Ultimately, this led to sick leave and dissolution proceedings in the subdistrict court.
Judge's verdict
The judge ruled that the employer had sufficient grounds to require the employee to come to the office (in part):
- No formal right: No formal right to work from home was included in the employment contract.
- Long-term working from home did not confer a permanent right to work from home.
- The employer had a legitimate interest in office attendance, such as collegial cooperation and guidance.
Since there were no clear home working agreements, the employer was entitled to demand that the employee return to the office (in part). The employment contract was dissolved because of a disturbed working relationship.
What if there is a work-at-home arrangement?
The outcome could have been different if:
- A work-at-home regulation or work-at-home policy had been established.
- There were working conditions agreements on structural working from home.
In that case, the employer can change these agreements only if it can demonstrate a legitimate interest, such as serious business reasons or serious disruption of business operations.
Working from home in the Netherlands, the state of affairs
In the Netherlands, there is no legal right to work from home (yet). However, the Flexible Working Act does apply, under which employees can request to work from home. However, an employer can refuse such a request under certain conditions.
This is different from, for example, the United States, where under former President Trump, officials were required to return to office full-time, with threats of dismissal.
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 working from home. Please feel free to get in touch .
April 2025
