{"id":6141,"date":"2025-04-15T08:07:18","date_gmt":"2025-04-15T05:07:18","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/3-limits-on-employer-authority\/"},"modified":"2026-08-16T15:46:49","modified_gmt":"2026-08-16T12:46:49","slug":"3-limits-on-employer-authority","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/3-limits-on-employer-authority\/","title":{"rendered":"3 Limits on Employer Authority"},"content":{"rendered":"\n

Introduction<\/strong><\/h4>\n\n

Under labor law, employers have considerable authority. However, there are clear limits to what they may impose on employees. Not every instruction is permitted, even under the guise of \u201cemployer authority.\u201d This blog discusses three common situations in which employers may overstep their bounds. Understanding these limits helps both employees and employers prevent conflicts. <\/p>\n\n

Sick? It’s not your job to find a replacement on your own <\/strong><\/h4>\n\n

In the event of illness, the responsibility for finding a replacement lies entirely with the employer. An employee who is sick is unable to work and <\/a>therefore does not need to take any action to ensure that the work continues. This means that the employer may not ask you to find a replacement yourself or to call colleagues to take over your duties. <\/p>\n\n

What can be expected of an employee is to report sick in a timely manner and to be available for any contact with the employer or the company physician. However, the employer\u2019s obligation ends there. By demanding that an employee continue to play an active role in the workplace while on sick leave, the employer exceeds the legal limits. <\/p>\n\n

Vacation days may not be imposed unilaterally<\/strong><\/h4>\n\n

Although employers may influence vacation scheduling, they may not simply require employees to take vacation days. In practice, it sometimes happens that employers, when facing a labor shortage or a slow period, want to \u201cschedule out\u201d employees by having them take vacation days. Legally, this is not permitted without consultation. <\/p>\n\n

Taking vacation days requires the employee\u2019s consent. Deviations from this rule are permitted only if different arrangements have been made in the employment contract or collective bargaining agreement\u2014for example, in the event of a company shutdown. In the absence of such a provision, consent remains necessary. The employer therefore cannot unilaterally withhold vacation days. <\/p>\n\n

Equal pay for equal work is the norm<\/strong><\/h4>\n\n

Labor law prohibits unequal pay for employees who perform comparable work, unless there is an objective justification for such differences. Examples include differences in education, experience, or specific negotiation points for positions where there is a shortage of candidates. Nevertheless, the employer must always be able to substantiate such differences. <\/p>\n\n

If two employees perform the same job but there is a difference in pay without a legitimate reason, this constitutes unequal treatment. This can lead not only to unrest in the workplace but also to legal liability. Equal work requires equal pay\u2014unless it can be demonstrated otherwise. <\/p>\n\n

Conclusion<\/strong><\/h4>\n\n

Labor law provides employees with important protections against unreasonable demands from their employers. Having to arrange your own replacement when you\u2019re sick, mandatory vacation days, and unjustified pay disparities are all examples of situations in which an employer\u2019s authority has limits. By understanding these rights, you can take timely action against abuses. <\/p>\n\n

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