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Remote Work Rights in Netherlands — Can Your Employer Refuse?

Remote work has become an increasingly important topic, but not every employer and employee agree on it. Perhaps your employer refuses remote work whilst you think you're entitled to it, or the opposite: you're forced to work from home whilst you'd prefer the office. These situations can lead to significant tensions. Fortunately, Dutch law provides clarity on what is and isn't allowed in the Netherlands.

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What's the situation?

Discussions about remote work often arise because expectations aren't clear. Some employers refuse remote work fearing productivity loss or reduced control. Other employers actually require remote work to save office costs. For employees, both situations can be problematic: those who prefer working from home due to commute time or work-life balance feel restricted when forced to come to the office. Conversely, employees who prefer office work can feel isolated when remote work is mandatory.

What does Dutch law say?

In the Netherlands, there's no general legal right to remote work, but several rules may apply. The Flexible Working Act (Wet flexibel werken) gives employees certain rights to request adjustments to working hours or workplace. General employment law principles like reasonableness and fairness also play a role. Additionally, collective agreements (CAO) or employment contracts may contain specific arrangements about remote work.

1Article 7:611 BW (Dutch Civil Code): The employer must be a good employer and consider the employee's interests
2Flexible Working Act (Wet flexibel werken): Employees can submit requests for adjustments to working hours, times, or location
3Working Conditions Act (Arbeidsomstandighedenwet): Remote workplaces must also be safe and healthy

What are your rights in the Netherlands?

As an employee under Dutch law, you have various rights regarding remote work. It's important to know where you stand.

1Right to request: You may always submit a motivated request to work from home or at the office
2Right to serious consideration: Your employer must carefully consider your request and provide a motivated response
3Right to safe workplace: If you must work from home, your employer must ensure a safe remote workplace
4Right to reasonable treatment: Decisions about remote work must be reasonable and not arbitrary

What can you do now?

Take it step by step to reach a solution.

1Submit a written request to your employer clearly motivating why you do or don't want to work from home
2Have a conversation with your supervisor or HR to exchange viewpoints and look for compromises
3Involve the works council (ondernemingsraad) or trade union if the conversation stalls — they can mediate
4Consider legal help if your employer acts unreasonably or doesn't honour agreements made

Sample letter or template

MijnRecht.AI can help you draft a professional letter to your employer clearly and legally formulating your remote work request. This increases your chances of a positive response.

Where can you get help in the Netherlands?

For remote work conflicts, you can contact the Legal Counter (Juridisch Loket) for free legal advice, your trade union if you're a member, or your company's works council (ondernemingsraad). In serious cases, you can start proceedings with the district court (kantonrechter).

Conclusion

Remote work conflicts in the Netherlands can often be resolved through good communication and mutual understanding. Know that you have rights under Dutch law and that reasonableness is required from both sides. With the right approach, you'll usually find a solution.

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