Understanding your rights regarding remote work is essential for expats in the Netherlands, especially as policies continue to evolve. The legal experts at GMW lawyers explain when working from home or abroad becomes a permanent employment condition.
Especially since the COVID pandemic, working from home has become a normal part of many employees' work lives. Working from home can become a condition of employment (a rule or requirement that both employer and employee abide by) if explicit arrangements are made in the employment contract.
But an employment condition does not have to be agreed upon only at the time of signing the contract. Even without a written clause in the employment agreement, working from home can become a condition of employment.
An employment condition may arise as an acquired right, based on a structural practice the employer has followed after the employment contract was concluded. If working from home can be qualified as an employment condition, the employer cannot simply change it without the employee’s consent.
A change is only permissible if the employer has such a compelling interest that, under the principles of reasonableness and fairness, outweighs the employee’s interest.
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