For employers in large corporations and legal entities in the Netherlands, understanding the remote work landscape is more critical than ever following the recent developments in the country’s legislature. In a significant move, the Dutch Senate rejected the ‘Work where you want Act’, resulting in several implications for employers’ policies regarding remote work. More about the Act and its implications can be read in this report by Hogan Lovells on JD Supra.
The Act sought to grant employees the right to choose where they want to work—a proposal that would have significant bearing on the current trend towards remote work. However, despite the Senate’s rejection of the Act, the practice of remote work remains an important consideration for Dutch employers navigating the post-Covid world.
So where does this leave local and international corporations in their legal obligation towards remote working? Having to deal with this new reality requires a comprehensive understanding of how to balance the needs of the company with the rights of the employees. Here are a few things to consider:
- The Senate’s rejection of the ‘Work where you want Act’ does not outlaw remote work. The Act’s rejection merely signifies that corporations are not legally required to grant an employee’s demand to work from a location of their choice. However, it does underline the importance of considering remote work arrangements that are in line with the company’s needs and capacity.
- Covid-19 has largely normalized remote work, forcing an inevitable shift in traditional working norms. Employers’ remote working policies need to reflect this shift and be up to date and tailored to individual circumstances where possible. One-size-fits-all solutions could lead to potential legal hurdles and issues.
- Although the Act was rejected, discussions surrounding it have brought issues regarding remote work to the forefront. Important topics include how to ensure employees’ health and safety while working remotely and maintaining effective supervision, feedback, and communications channels.
While the Dutch Senate rejection of the ‘Work where you want Act’ may initially seem like a setback for proponents of remote working, it’s important to note that the practice is here to stay. Remote work remains an essential legal, strategic, and human resources consideration for all businesses operating in the country.