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Within limits, you may establish dress codes and restrict certain outward appearances in the workplace, based on your right to issue instructions (Article 7:660 of the Dutch Civil Code). However, the right to privacy and the prohibition of discrimination set limits: a prohibition must serve a legitimate aim and be proportionate.
Right of instruction versus privacy
Clothing, hairstyle, tattoos, piercings, and jewelry are part of a person's personal identity and fall under the right to privacy. At the same time, you have a right to issue instructions (Article 7:660 of the Dutch Civil Code) to provide guidelines regarding work and presentation. These two rights conflict, and a balance must be struck.
When is a regulation permitted?
A dress code or restriction holds up if it serves a legitimate purpose — such as safety, hygiene, a professional appearance, or recognizability — and if it is suitable and proportionate for that purpose. The more intrusive the requirement is to personal identity, the stronger your justification must be.
Beware of discrimination
Exercise extra caution with regulations related to religion, belief, or other protected grounds, such as a ban on headscarves or religious symbols. Such rules can easily lead to (indirect) discrimination and are only permitted under strict conditions.
Establish your dress code
Formulate your regulations clearly and with supporting arguments, and record them in an employee handbook. Communicate the underlying purpose. A clear, proportionate, and consistently applied policy is easier to enforce and prevents disputes and complaints.
Frequently Asked Questions
May I impose a dress code?
Yes, within limits, based on your right to issue instructions, provided there is a legitimate purpose and the regulation is proportionate.
Am I allowed to prohibit visible tattoos or piercings?
Subject to conditions, if there is a good, proportionate reason for doing so, such as representativeness or safety. A general ban without justification is risky.
Am I allowed to ban religious symbols?
You must be very careful with that: it can easily lead to discrimination and is only permitted under strict conditions.
Want to legally arrange your dress code?
Our legal experts establish regulations in your employee handbook. View our employment lawteam or schedule a free consultation.
