Introduction
Day-dealing, or "stealing time" by employees, is taken seriously in employment law. Knowingly not working during paid hours can have far-reaching consequences. This blog explains what exactly constitutes day-dealing and how judges deal with such situations.
What is meant by daydreaming?
Dagdievery has several meanings, such as loafing, idleness and idleness. In the workplace, it means that an employee is "stealing" the employer's time. This happens, for example, when someone clocks in or logs on to work, but then does nothing, deliberately works less or even leaves the premises. While this may seem harmless, day-dealing is taken seriously in employment law and can lead to dismissal.
Daggery can have far-reaching consequences
A striking example from case law shows just how serious daytime theft can be. An employee worked in a building in which almost every door had to be opened with a personal access pass. Only the emergency door was freely accessible, intended for emergencies.
The employer noticed that the emergency door was being used remarkably often. This led to an internal investigation, which looked at the times employees checked in and out. One employee was notable for not using any of the normal doors after clocking in. Camera footage then showed that this employee regularly clocked in in the morning, left the building directly through the emergency door and did not return to clock out until the evening.
Thus, the employee was actually absent for the entire working day while formally registered as present.
Dismissal and no right to transition compensation
The district judge ruled that the employee had no good reason for his unauthorized absence. This behavior was qualified as seriously culpable. The dismissal was pronounced and the employee was additionally not entitled to a transitional compensation because he had seriously prejudiced his employer.
Although attendance checks can sometimes be sensitive because of privacy rules, privacy was not an issue in this case. The employee had not invoked it and, moreover, the checks were justified by suspicion of abuse.
What can you learn from this?
More and more employers are paying attention to correct use of work time, especially now that hybrid working and flexible working have become commonplace. Therefore, always make sure you are honest and transparent about your working hours and attendance. Day-dodging is not only unfair to your employer, but can also cost you your right to compensation and even your job.
Conclusion
Daggery is considered seriously culpable behavior and can lead to dismissal without entitlement to transfer compensation. Employers may conduct checks when there are serious suspicions of abuse. Honest recording of work time and attendance is essential to avoid employment law problems.
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 any questions about dagdievery. Please feel free to get in touch .
April 2025
