Law to make remote work a legal right proposed in the Netherlands My name is Janelle Watson and I'm a Colorado native. Under the legislation, the employee should submit the request two months prior to the intended effective date of the workplace adjustment, and the employer should decide in writing one month before the intended commencement date, according to Boelhouwer. Remember when working from home was just a perk? The only two pieces of legislation are on Occupational Health and Safety (OH&S) and the Flexible Working Act. This summer, the Dutch parliament approved a bill that allows remote work in the Netherlands as a legal right. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; You must always comply with the privacy law. Employees who work from home do the work that they would normally do in an office or a joint workplace at home. If they know about the Netherlands working from home and still being productive, perhaps theyll demand equal treatment. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. Your company obliges with the new law and allows all employees operating in the Netherlands to work remotely. What the Netherlands New Work From Home Law Means for Leaders clinging to yesterdays methods for hiring, engaging and keeping employeesand believing this is a temporary period of volatility that will passare in for a rude awakening. Having a remote workforce immensely cuts down the cost of having to pay for office space. [Special Event] BRB: The Working World Takes a Break. Here are 5 tips to consider. Two lawmakers in the Netherlands are planning to submit a proposal to the Dutch Parliament to begin treating remote work as a legal right for citizens, before legislators leave for summer recess on July 3, Bloomberg reported. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Last week, the Dutch Parliament's lower house passed legislation in this regard. As US companies struggle to entice workers back to offices, the Dutch parliament approved legislation to establish home working as a legal right, setting the Netherlands up to be one of the first countries to enshrine such flexibility in law. Offering employees the opportunity to work from home, regardless of physical location or country legislation, will help you gain the trust and loyalty of your global workforce. remote work Netherlands February 24 2020 As technology has made remote work possible, working from home and remote jobs are on the rise. remote work .css-16c7pto-SnippetSignInLink{-webkit-text-decoration:underline;text-decoration:underline;cursor:pointer;}Sign In, Copyright 2023 Dow Jones & Company, Inc. All Rights Reserved, struggle to entice workers back to offices, Get a $50 reward card using this AT&T promo code, 20% off your order with Walmart promo code, Get 20% off on all Vitamins and Supplements with Vitacost Coupon Code. Partnering with an employment solutions provider can help your business navigate these evolving global shifts. Bank of America survey shows women want menopause benefits 4 bad reasons to return to the office (and some good ones), 7 facts to know about maternity leave in France, Dutch parliaments lower house approved legislation, Contact us to speak to a global advisor today. When recruiting and hiring internationally, salary benchmarking will help you offer candidates a fair and competitive salary. The home workplace is not safe or suitable for work. And most Dutch workers may not be ready to let that newfound freedom go. Netherlands work from home legislation: What's the impact for global employers? The law is sitting between two houses of parliament, approved by Last week, the Dutch Parliament's lower house passed legislation in this regard. Is a shift to the four-day workweek good for business? The Dutch Senate appears likely to adopt the measure, according to the CLINT | Littler lawyers and Johanne Boelhouwer, an attorney with Dentons in Amsterdam. The world is watching, eagerly anticipating the results of the Netherlands work from home legislation. The "Work Where You Want" proposal, which the Dutch House of Representatives approved in July, would oblige employers with 10 or more employees to accept workplace requests when certain conditions are met and would make it more difficult to refuse such requests, according to legal experts. The Netherlands Takes Action To Make Remote Work A Legal Right Not having to commute is just one (large) reason. Maatoug was one of the co-authors of the bill. Lawmakers changed the measure to specify the reasonableness and fairness standard, they explained. Under the new law, employers must consider all such requests and give adequate reasons for refusing them. Following COVID, it wasnt clear how employers were going to navigate work-from-home processes, not only in the Netherlands, but all over the world. Although allowing employees to work from home may enhance their performance, it is of great importance to lay down rules in this regard in a general working conditions policy to set expectations and to meet Dutch statutory obligations. Bankers are much more likely to engage in misconduct when they work from the office not from home, study says. | Privacy Policy | Terms of Use | Essence.com Advertising Terms. English Article Changes to Dutch labor law for the year 2022 Once again, Dutch labor law was subject to some significant changes. While 71% of employers have a positive perception of the companys culture toward menopause, only 32% of women employees agree. In businesses that do not have a works council or staff representation body established, the employer must consult the employees individually. The employer is free torefuse such a request, but does have a duty to consider and must substantiate the refusal in writing. The number of people working from home has risen slightly in recent years. Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. 2023 ESSENCE Communications Inc. All Rights Reserved. This legislation will force employers to make formal policies surrounding these new work arrangements. Business.gov.nl is the Dutch Point of Single Contact for entrepreneurs. Currently, employers in the Netherlands can deny any request from workers about working from home without giving any reason. law Employees seem to have less They are more content with their work-life balance. The Netherlands is working to become the first country to make remote work a legal right. At the time of writing, the proposal has been The employer is responsible for the costs of making the workplace ergonomically sound and safe. International recruitment process can be challenging, and recruiters can make significant mistakes without realizing it. Can you monitor employees when they work from home? And should his drawn-out takeover of social media company Twitter actually go through, Musk has said, only exceptional employees will be allowed to work from home. Most American office workers were in for a shock in March 2020 when COVID-19 disrupted the traditional nine-to-five basically overnight, and the debate today in the U.S. between working from home and returning to the office is becoming increasingly heated. That is why health and safety rules apply to working from home. But legislation and regulation have had to play catch-up as remote working has seen a significant uptick since COVID-19 in 2020. Yes, you can work remotely in Netherlands. Replacing and training new employees is a huge cost to businesses. Heres how to create an environment that ensures your diverse global workforce is successful and is focused on the same mission and goals. You can get started in 1-2 business days. We have the green light for this new law thanks to the support we received from both employees and employers unions, Van Weyenberg told Bloomberg. When it comes to maternity leave, France offers generous options and protections. Mobile working regulations in the Netherlands | CMS Expert Guides Virtual & Las Vegas | June 11-14, 2023. The National Cyber Security Center (NCSC) recommends taking extra precautions. Discuss with your employees what they need for hybrid working. law The new legislation comes at a time when companies worldwide struggle to bring workers back to the office. This decision comes at a time when workers have overwhelmingly favored remote work over being in the office despite decreasing COVID numbers. Thats why a lot of businesses partner with an EOR service like Via. The European country now needs to wait for approval from the Senate. This includes things like health insurance, paid leave, and pension. What is working from home and hybrid working? The new Work where you want proposal applies to any employer that has more than 10 employees. All Rights Reserved. More employees are looking to work for companies that have a purpose-driven culture and are declining roles if they think the work doesnt excite them or isnt meaningful. More and more companies are empowering employees to decide on a good work-life balance for their individual lifestyles. Now shes patching up a $27.7 billion marriage, CA Notice at Collection and Privacy Notice, Do Not Sell/Share My Personal Information. Track Latest News Live on NDTV.com and get news updates from India and around the world. The employer must inform employees on health and safety risks and provide guidance on how to limit these risks. 87990cbe856818d5eddac44c7b1cdeb8, Continue reading your article witha WSJ subscription, Already a subscriber? Grace Kay. The Netherlands is already well-regarded for its worker rights. Copyright 2006 - 2023 Law Business Research. But with companies seeking to respond to surging demand as the pandemic recedes, the topic has become an increasingly polarising issue. If your employees (partly) work from home, it involves multiple rules and obligations. Not sure how to engage your remote employees? Having access to a larger talent pool will give companies a competitive advantage and, more importantly, allow them to diversify their teams. This new law being debated is called the Flexible Working Act (Wet flexibel werken). And why the interests of the company outweigh the privacy of your employees. Should nonprofits hire contractors or employees? Payroll Taxes in the Netherlands May 19, 2023, 8:08 AM PDT. Work Remote law What is recruitment process outsourcing (RPO)? In principle, an employee's request to work from home should be granted "unless the employer has an interest that outweighs the employee's wish, according to the standards of reasonableness and fairness," Boelhouwer said. More costs for heating, water, electricity, but also tea, coffee, and toilet paper. Employers should know that "there soon will be a right in the Netherlands that strengthens the position of the employee to make a choice between working from home or from the business location," Boelhouwer said. The HR transformation process can be an intimidating initiative for any business. You can reduce operational costs and capitalize on new opportunities for growth. Now that most corona measures are no longer necessary, the Dutch government encourages hybrid working (in Dutch). FORTUNE may receive compensation for some links to products and services on this website. Remote work in Netherlands - Work from Home Stories Since January 2022, the government has implemented a reimbursement program for businesses to repay employees who have incurred extra costs from working from home, such as the cost of setting up a home office. Offers may be subject to change without notice. REMOTE And you are not allowed to monitor your employees. However, new legislation being debated in the Dutch Senate would make Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. clear and open communication towards employees is key; set out in a policy in what way the productivity of employees is monitored; enter into an agreement regarding working from home with the employee, including: (i) that the employer is allowed to periodically visit the workplace at home, (ii) the health and safety risk regarding working from home, in what way these can be limited and the breaks the employee should take and (iii) the consequences if employees do not comply with the arrangements in the agreement; include in the policy that the workplace at home must be approved by the employer (in writing) prior to an employee starting to work from home; and. Last month, Tesla chief executive Elon Musk issued an ultimatum for staff at the company to return to the office or leave. The European country now needs to wait for approval from the Senate. 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"It allows them to find a better work-life balance and reduce time spent on commuting," said Senna Maatoug of the GroenLinks party, reported theWall Street Journal. You can make fixed agreements with your employee about the number of days they work from home. Remote Kinney Recruiting is assisting with a REMOTE EC/VC Finance Associate opportunity at Am Law firm with low billable hours requirement. As U.S. companies .css-1h1us5y-StyledLink{color:var(--interactive-text-color);-webkit-text-decoration:underline;text-decoration:underline;}.css-1h1us5y-StyledLink:hover{-webkit-text-decoration:none;text-decoration:none;}struggle to entice workers back to offices, the Dutch parliament approved legislation to establish home working as a legal right, setting the Netherlands up to be one of the first countries to enshrine such flexibility in law. Safeguard Globals blog featured tons of valuable content in 2022, covering remote work trends, paying employees internationally, and more. At present, a right to work from home is not embedded in Dutch employment law. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Remote working in the Netherlands challenges and limitations Wednesday 15 December 2021 Philip Nabben Bronsgeest Deur Advocaten, Amsterdam p.nabben@bd-advocaten.nl As a result of the sudden and unprecedented lockdown at the beginning of 2020 in one country after the other, most employees had to rush home and work from there. Instead of hoping a strategy works, teams can use advanced data and reporting metrics. Musk has called work The Netherlands is a member of the European Union and is part of the Schengen Area. Portugal also took steps to protect workers with regulation in November of 2021 that states employers cannot contact employees outside of regular working hours. All rules and obligations in this respect are included in the Working Conditions Act (Arbowet), the Working Conditions Decree (Arbobesluit) and the Working Conditions Regulations (Arboregeling). Lets discuss the benefits your business can offer if you want to retain top talent. We can help! The employee must have been employed for at least six months. The Covid-19 pandemic has fuelled a shift in attitudes about work, with many workers seeking to maintain some of the flexibility theyve experienced over the past two years. Already a BS Premium subscriber?LOGIN NOW. If the proposed workplace doesn't meet these requirements, "the employer will still have the 'duty to consider' and, in case of refusal, discuss this with the employee," they added. Here is everything you need to know about the new work-from-home law in the Netherlands and how it could affect the future of remote work around the world. Kinney Recruiting is assisting with a REMOTE EC/VC Finance Associate opportunity at Am Law firm with low billable hours requirement. $("span.current-site").html("SHRM China "); Working conditions law for working from home. We keep up on the latest news and hiring trends. Lets pretend for a moment that the legislation in the Netherlands is passed and that you have a global workforce. While 71% of employers have a positive perception of the companys culture toward menopause, only 32% of women employees agree. A Senate committee is scheduled to hold a preliminary investigation on Sept. 27. Employees seem to have less motivation to come into the office, as they believe to be able to conduct the same work at home or even more. With 14 per cent of the workforce already working remotely two years before the pandemic, according to Eurostat, the acceptance of remote working is much higher in the lowlands. Under Dutch law, employers can now provide their workers with a tax-free allowance of up to two euros per day. You may not give both the working from home allowance and the travel allowance on the same day. Employers will need to guarantee workers the ability to work from home, unless the employer has a justifiable cause. our Subscriber Agreement and by copyright law. Trade unions, which are an integrated part of the Dutch economy, could create their own terms within a collective labor agreement. Read more about the monitoring of employees (in Dutch) at the Dutch Data Protection Authority. How to Hire Remote Workers in Europe Compliantly. If an employee has already proven that they can work from home, especially following the pandemic, but they were required to return to the office, then the employer wont be able to deny the employees right to work from home. Via makes hiring international talent seamless. The desired workplace must be within the European Union (EU) and must be either the employee's home address or another appropriate workplace where work for the employer usually takes place, they said. Dutch government encourages hybrid working, when employees are allowed to work from home, Ask other entrepreneurs for advice on Higherlevel.nl, Find more information on our contact page. For example, watch out for leaks. When the request to work from home (based on the Flexible Work Act) has been approved by the employer, there must be important business reasons (e.g. We will cover IP, tax, NDA and anything your employer may require. Building a purpose-driven culture for todays top talent, How to avoid pitfalls during international recruitment, 5 steps to offering a competitive salary internationally, Top 5 benefits of recruiting internationally. The Dutch parliament is the world's first governing body to to grant remote working flexibility to employees by law. With Vias transparent pricing, you can pay full-time employees or contractors across borders with no hidden set-up fees, no foreign exchange or transaction fees, and no minimumsstart with 1 employee and scale up at your own pace. The Inspectorate SZW (Ministerie van Sociale Zaken en Werkgelegenheid) is responsible for enforcing this legislation. The next generation search tool for finding the right lawyer for you. Here's how employers and employees can successfully manage generative AI and other AI-powered systems. Why do people hire remote talent from the Netherlands? In 2019, the Netherlands earned the top spot at the Remote Workers Index. With regard to requests to change the place of work, the Flexible Working Act currently requires the employer to only consider the request and, in case of refusal, to discuss the refusal with the employee. WebAccording to the Flexible Work Act (Wet flexibel werken), employees who have been with the company for at least six months can request to work from home. For Dutch corporations, the new legislation isn't expected to be as contentious. Also, inform employees about safely working from home. These days, having strong and flexible remote work strategies in place can drastically reduce employee turnover. Americas national beer could soon be Mexican as Memorial Day weekend sales drop plunges Bud Light further into crisis. Learn the top 7 facts abo Request a consultation with a global solutions or payroll expert. In countries like the U.S. or the U.K., no such protections have yet been approved on a national level, and employees have to negotiate remote work terms with their employer. Netherlands The Netherlands is working to become the first country to make remote work a legal right. Remote But how do you know youre ready to undergo this comprehensive consolidation? This could set a precedent for other countries, especially within the European Union. remote work $("span.current-site").html("SHRM MENA "); In relation to matters affecting the working conditions policy and its implementation, the employer is obliged to consult the works council or staff representation body. set out any specific requests for working in public places, for example on security (not allowing to use public Wi-Fi) and address that it is forbidden to share sensitive information in public. Consequences of not having a works council when this is legally required, Eerste ontbinding arbeidsovereenkomst op de i-grond: bijna voldragen d-grond in combinatie met g-grond. While the percentage of employed persons usually Web1. Shifting employee priorities has required companies around the world to rethink their recruiting and hiring strategies. On rijksoverheid.nl (Dutch) you can read for which social insurances you are compulsorily insured. A workplace run by AI is not a futuristic concept. How Protected is Remote Work in the Netherlands? Part of the reason the Netherlands governments wants to pass these laws is that flexible work-from-home policies benefit both employees and their employers. This is especially true in the Netherlands, where the government is debating a bill that would make work-from-home a legal right. Nick Warburton Friday 15th July 2022. iStock. Check out our guide. With our localized contracts, easy invoice management, and best-in-class compliance, you can grow your global team with law FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. 'Shark Tank' star Kevin O'Leary (left) says unlike Elon Musk, he prefers his employees work from home. 'Shark Tank' star Kevin O'Leary (left) says unlike Elon Musk, he prefers his employees work from home. When an employer violates this legislation, a fine can be imposed. The legislation was adopted by the lower house of the Dutch parliament Tuesday, and will now head to the Senate for final approval. Dinah Wisenberg Brin is a reporter and writer based in Philadelphia. Netherlands law With the new Dutch law allowing anyone within the European Union to work remotely for companies within the Netherlands, its likely that more candidates from across Europe will apply. May 19, 2023, 8:08 AM PDT. Reasons employers could deny a request include: If an employee needs specialized equipment that can't reasonably be kept at home, If a job requires them to interact with other employees, customers, or members of the public in person, If an employee needs immediate access to documents or information that can only be stored in office. Bank of America survey shows women want menopause benefits You must also be able to clearly explain why monitoring is necessary. Being a digital nomad in the Netherlands still hasnt been approved, and you will need to have the proper visas demonstrating your right to work within the country. Mag dat zomaar? How will your workforce feel about this? International nonprofits and NGOs can hire workers as either contractors or employees. Our team of local labor lawyers and on-the-ground experts ensure that your company remains compliant while expanding abroad. As of right now, Dutch employers are legally allowed to deny employees requests for remote work without giving a reason. Employment in Netherlands Holland to Make Remote Work the Law. This May Backfire Netherlands: New legislation on remote work - IOE-EMP Then employees do not have to keep track of where they work each day. Dutch law on health and safety of employees The employer must ensure that the health and safety of employees is protected with respect to all employment-related aspects, also when the workplace is at home. For non-personal use or to order multiple copies, please contact When working from home, it is important for the employer to prevent that employees will experience excessive work pressure. International business expansion: Why and why now? Other countries like Spain already have laws in place protecting employees rights to work from home. Instead, theyve implemented legislation for employers to deal with work from home requests in a reasonable manner.. WebCan I work remotely in Netherlands? Netherlands A law passed in September of 2020 gives workers the option to work remotely, depending on their industry. In July of 2022, the Dutch House of Representatives approved a proposal that would make working from home a legal right for citizens, but the proposal still needs to be approved by the Dutch Senate. International condemnation over Uganda's anti-gay law. In the following, we summarize the most important changes for labor law/HR practice. OH&S OH&S legislation requires employers to ensure a safe and healthy work environment for its employees. If the boss denies it, the company will have to explain why under the proposed legislation, which is poised to become law after the senate approves it, Inc. reported. The first step in the process happened when the Dutch parliaments lower house approved legislation around remote specifications. And make clear agreements about this. WebYou can use an Employer of Record (EOR) to legally hire and pay your Dutch employee on your behalf and ensure you stay compliant with local employment regulations at all times. Please log in as a SHRM member.