İyi işveren davranışı: İşverenlerden Madde 7:611'in talep ettikleri

Good employer conduct (goed werkgeverschap) is the standard in Article 7:611 of the Dutch Civil Code (BW) that requires an employer to act reasonably and with care towards its employees in every decision. It is an open norm without a fixed list of rules: courts use it to test conduct that specific statutes do not cover, and it can set aside a decision that stays within the letter of a rule but is unfair in the circumstances.

In practice it sets the boundaries for working hours, monitoring, discipline, dismissal and post-employment restrictions. Below we explain where those boundaries run and what an employer must be able to show from the file when a decision is challenged.

What does Article 7:611 BW require?

Article 7:611 BW obliges the employer to behave as a good employer and the employee as a good employee. Because the employer holds the stronger position and keeps the personnel file, more is expected of it, and gaps in the file are held against the employer.

Courts derive several concrete duties from this norm:

• a duty of care for a safe and healthy workplace, including psychosocial risks such as burnout and harassment (Article 3 of the Working Conditions Act, Arbeidsomstandighedenwet);
• equal treatment of employees in similar situations, unless there is an objective justification;
• timely and clear information about decisions that affect employees, such as a reorganisation or a change of role;
• a genuine search for suitable alternative work before a dismissal for redundancy or long-term illness (Article 7:669(1) BW).

Which working-hour limits must an employer respect?

Çalışma Saatleri Yasası (Arbeidstijdenwet) sets firm limits for employees aged 18 and over. The Netherlands Labour Authority (Hollanda Çalışma Müfettişliği) enforces them and can impose fines.

A shift of more than 5.5 hours requires a break of at least 30 minutes, and a shift of more than 10 hours a break of at least 45 minutes. Pregnant employees, and employees up to six months after giving birth, cannot be required to work overtime or night shifts, and stricter rules apply to employees under 18.

Systematic breaches of these limits weaken the employer’s position in any later dispute, for example when an employee falls ill with burnout. For the debate on shorter working weeks, see our article on Dört günlük çalışma haftasının hukuki yönü.

When may an employer monitor employees?

Only with a legitimate interest, when monitoring is necessary and proportionate, and after informing employees in advance. The General Data Protection Regulation (GDPR) sets these limits, and the Dutch Data Protection Authority (Hollanda Veri Koruma Kurumu) supervises them.

A legitimate interest can be preventing theft, ensuring safety or protecting confidential information; “improving productivity” in general is usually not enough. Monitoring is only necessary if no less intrusive method achieves the same aim, and employees must know in advance what is monitored, why and how long data is kept.

• E-mail and internet: checking business accounts for compliance may be allowed if employees were informed; systematically reading all e-mail content is almost never lawful.
• Cameras: visible cameras at entrances or in warehouses for security are generally acceptable, with signs; cameras in break rooms or changing rooms are not.
• GPS in company vehicles: tracking a delivery van for route planning can be justified; tracking a company car 24/7, including private use, is disproportionate.

Secret monitoring is only permitted in exceptional cases: a concrete suspicion of a serious offence such as theft or fraud, as a last resort and for a limited period. For private messages, see our article on whether your İşvereniniz WhatsApp mesajlarınızı okuyabilir..

If the company has a works council (ondernemingsraad), the employer needs its consent before introducing or changing a system for monitoring attendance, behaviour or performance (Article 27(1)(l) of the Works Councils Act, WOR). For high-risk monitoring, such as large-scale camera surveillance, Article 35 GDPR requires a Data Protection Impact Assessment (DPIA).

How should an employer handle discipline and underperformance?

Proportionately and step by step, with each step recorded in the personnel file (personel dosyası). Under Article 7:669(3)(d) BW, a dismissal for underperformance requires that the employee was told in good time and given a genuine opportunity to improve.

A defensible process usually escalates from an informal conversation to a documented verbal warning, a written warning and a final written warning. Each written warning states the problem, refers to earlier conversations, sets a period for improvement and names the possible consequences, including dismissal.

For underperformance, an improvement plan is the standard tool. It describes the shortcomings with concrete examples, sets measurable and realistic goals linked to the core of the job, runs for a fixed and reasonable period with regular progress meetings, and offers real support such as training or coaching. A plan that is a formality before dismissal does not meet the test. On algorithmic assessment, see our article on Yöneticiniz olarak yapay zeka.

When is summary dismissal justified?

Özetle görevden alma (ontslag op staande voet) requires an urgent cause within the meaning of Article 7:678 BW, such as theft, fraud or violence. Under Article 7:677(1) BW the employer must give notice without delay once the facts are established and state the reason at the same time; failing one of these requirements is enough for the dismissal to fail.

The employer bears the burden of proof. If the dismissal does not hold, the subdistrict court (alt bölge mahkemesi) can annul it or award fair compensation, and the employer risks paying wages over the period in between.

What rules apply when an employer wants to end the contract?

An employer can only dismiss on one of the closed grounds in Article 7:669(3)(a)-(i) BW, and only through the prescribed route. There is no residual ground: if the facts do not fit a lettered ground, the contract cannot be ended on the employer’s initiative alone.

The grounds cover redundancy, long-term incapacity for work of more than two years, frequent absence, underperformance, culpable conduct, refusal of work on grounds of conscience, a disrupted working relationship, other grounds, and the combination ground (i). A dissolution on the combination ground can carry an additional payment of up to half the transition payment (Article 7:671b(8) BW).

• Mutual agreement: both parties sign a settlement agreement (vaststellingsovereenkomst); the employee has 14 days to revoke it (Article 7:670b BW).
• UWV permission: required for redundancy and long-term illness, through the Çalışan Sigorta Acentesi (UWV).
• Court dissolution: the subdistrict court decides on personal grounds such as underperformance, culpable conduct or a disrupted relationship.

On a dismissal at the employer’s initiative, the employee is entitled to a transition payment (geçiş ücreti) of one third of a monthly salary per year of service (Article 7:673 BW). If the employer acted seriously culpably, the court can award fair compensation on top.

Deneme süresi ne kadar olabilir?

Under Article 7:652 BW a probationary period must be agreed in writing and is the same for both parties. A contract of six months or less may not include one.

What about non-compete clauses?

Non-compete clauses are governed by Article 7:653 BW. For a contract of indefinite duration the clause must be agreed in writing with an adult employee. For a fixed-term contract it is void unless the clause itself states in writing the compelling business interests (zwaarwegende bedrijfs- dienstbelangen'den) that make it necessary.

The court can set aside a clause in whole or in part where the employee is unfairly disadvantaged compared with the interest protected, and can award compensation for the restricted period. A clause lapses if the contract ends through serious culpability of the employer.

Reform is pending but not law. In June 2026 the government sent a bill to the Council of State (Raad van State) that would cap a clause at one year, require the geographic scope to be stated, and oblige an employer invoking a clause to pay compensation. The government aims to submit it to the House of Representatives by the end of 2026; until the bill enters into force, Article 7:653 BW applies as it stands.

What does a safe and discrimination-free workplace require?

The Working Conditions Act requires every employer to prevent physical and psychosocial risks, and the Equal Treatment Act (Algemene ıslak gelijke behandeling, AWGB) and related statutes prohibit discrimination. Both duties are part of good employer conduct.

The cornerstone is the risk inventory and evaluation (RI&E) under Article 5 of the Working Conditions Act. It identifies physical, chemical and psychosocial risks, such as work pressure, bullying and harassment, and contains a plan of action with measures, deadlines and responsibilities. It must be updated after significant changes, such as new equipment or processes.

Dutch law prohibits discrimination on grounds including race, sex, religion, age, disability and sexual orientation. Direct discrimination is less favourable treatment because of such a ground, for example rejecting an applicant as “too old”. Indirect discrimination is a neutral rule that hits a protected group harder without objective justification, such as a full-time requirement for every role.

Harassment is unwelcome conduct related to a protected ground that violates a person’s dignity and creates an intimidating or hostile environment; bullying is repeated unreasonable behaviour that endangers health. A good employer has a clear policy, a confidential adviser (vertrouwenspersoon) or reporting channel, training for managers, and investigates complaints promptly and impartially.

İşveren olarak neleri kontrol etmelisiniz?

Under Article 7:611 BW the question in court is whether your decision was reasonable and can be shown from the file.

• Do your rosters respect the 12-hour shift, 60-hour week and 11-hour daily rest limits of the Working Hours Act?
• Has the works council consented to any monitoring system (Article 27(1)(l) WOR), and is a DPIA on file where required?
• Is every warning and improvement plan documented with dates, goals and support offered?
• Does the intended dismissal fit one of the grounds in Article 7:669(3) BW, and have you checked for suitable alternative work?
• Is your RI&E up to date, including psychosocial risks?
• Does each non-compete clause in a fixed-term contract state the compelling business interests in writing?

Bir çalışan olarak neleri kontrol etmelisiniz?

Article 7:611 BW also binds you as a good employee, but it gives you a basis to challenge unfair decisions.

• Were you told in advance what is monitored, why and for how long?
• Have you received concrete feedback and a real chance to improve before a warning or dismissal?
• Does your working time exceed the averages of 55 hours per 4 weeks or 48 hours per 16 weeks?
• After a summary dismissal: have you diarised the two-month deadline to go to court (Article 7:686a(4) BW)?
• Is your non-compete clause in writing, and does it state reasons if your contract is fixed-term?

What can we do for you with good employer conduct?

Ürettiğimiz istihdam avukatları advise employers and employees on Hollanda iş hukuku.

• We review your monitoring policy against the GDPR and prepare the request for works council consent.
• We draft warnings and improvement plans that will stand up before the subdistrict court.
• We assess the dismissal ground and route, and draft the UWV application or dissolution request.
• We draft or review a non-compete clause and assess whether it can be enforced or set aside.
• We negotiate and draft a settlement agreement, including the transition payment.

ÖZET

• Article 7:611 BW requires the employer to act reasonably and carefully in every decision; courts test conduct against it where statutes are silent.
• The Working Hours Act sets hard limits: 12 hours per shift, 60 per week, and averages of 55 and 48 hours.
• Monitoring needs a legitimate interest, necessity, prior information and, with a works council, its consent.
• Dismissal requires a ground in Article 7:669(3) BW and a documented file; summary dismissal requires an urgent cause and immediate action.
• The non-compete reform is a bill, not law; Article 7:653 BW still applies.

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