Freedom to express yourself versus rules in the workplace
In the Netherlands, fortunately, there is a lot of freedom to look the way you want. Yet that freedom can be limited in the workplace. You may be required to wear a certain uniform, remove piercings or cover up tattoos. The question is: Can an employer just require that of you?
To some extent, yes. An employer has the right to give instructions about your appearance, but this must be limited and well-founded. Reasons may include safety, health, hygiene or protecting the company image.
When is an employer allowed to set rules?
There are situations in which it makes sense for an employer to set rules. Consider, for example, a judge who wears a gown to exude neutrality and objectivity, a doctor who may not wear jewelry for hygienic reasons, or a cook who is required to put on a hairnet. In such professions, dress and appearance requirements serve a clear and legitimate purpose.
However, if you work at a festival or in a creative sector, it will be much more difficult for an employer to justify rules restricting tattoos and piercings. After all, image and hygiene play a different role in that kind of environment.
What does an employer have to abide by?
The key question is whether the restriction serves a legitimate purpose and whether that restriction is proportionate. In other words, the rules should not go beyond what is necessary to achieve the purpose. In addition, an employer must be consistent. If religious signs or displays are allowed, then other outward appearances such as tattoos or piercings should not be prohibited without good reason if employees are otherwise doing the same job.
In short: an employer may make demands on your appearance under certain circumstances, but there are clear limits. When in doubt, it may be wise to seek legal advice about your rights and obligations.
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 workplace rules. Please feel free to get in touch .
April 2025
