Written by: Cathelijn Derks, Ilse Spee, Bronsgeest Deur Advocaten

Employers in the Netherlands may soon be required to balance their own and employees’ interests when evaluating a request to work from another place within the EU. But does this mean employees could work from anywhere they want?

On 5 July 2022, a proposal for a ‘Work Where You Want’ Act was adopted by the Dutch House of Representatives. The proposal was subjected to a great deal of criticism, and considered unlikely to become law, but following changes, it has been given after all the green light.

If this proposal also makes it through the Senate, it will mean an amendment to the current Flexible Work Act. The name suggests employees could decide where they want to work, but is this really the case?

What are the current rules?

Currently, the Flexible Work Act states that an employee may ask an employer to adjust his or her place of work. The employer must consider the employee’s request and consult with the employee if it rejects the request. There is no requirement for ‘compelling business or service interests’’ for rejection, as in the case of a request for adjustment of working hours. The employer therefore has a great deal of freedom when considering a request and can, in principle, reject it on any grounds. The proposal changes this.

What will change?

The original proposal stipulated that the employer had to grant the request for adjustment of the working place, if the intended working place was the...

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