Labor matters

Employees want a higher work-from-home allowance and to work at the office more often

Due to rising energy prices, employees want to work at the office more often and demand a higher home office allowance. An employee has no statutory right to a home office allowance — it is a term of employment — but as a good employer, you do...

Published on November 10, 2022 by MKBjuristen.nl
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Due to rising energy prices, employees want to work at the office more often and demand a higher home office allowance. An employee does not have a statutory right to a home office allowance — it is a term of employment — but as a good employer, you would do well to make clear, reasonable agreements regarding hybrid working and allowances.

Working from home has remained

Many companies stick to a mix of working from home and working in the office, as this offers benefits for both sides. However, rising energy prices are causing resentment: working from home costs the employee more in heating and electricity, whereas the office bears those costs. Some employees therefore want to go to the office more often or receive higher compensation.

No statutory right to compensation

An employee has no statutory right to a home office allowance. Whether and how much you reimburse is an employment condition that you agree upon. Under certain conditions, you can provide a tax-free fixed home office allowance per day worked from home via a targeted exemption. (The amounts and conditions change; check the current rules with the Tax and Customs Administration.)

Make clear agreements about hybrid working

Prevent disputes by clearly establishing: the number of days worked from home and at the office, the compensation for this (work-from-home and/or travel allowance), and how you handle changes. Keep the arrangement reasonable and balanced so that it is workable for both parties.

Changing appointments

If you wish to modify existing agreements — for example, more office days or different compensation — this cannot always be done unilaterally. In principle, changes to employment terms require consent, or a valid modification clause and good grounds. Communicate openly and seek a solution together.

Frequently Asked Questions

Do I have to pay a work-from-home allowance?

There is no statutory right to a home working allowance; it is a condition of employment. However, subject to conditions, you may provide a tax-free fixed allowance per home working day.

Am I allowed to require employees to come to the office more often?

Not always straightforward: it can be a change to terms of employment, which in principle requires consent or a valid reason.

How do I avoid arguments about hybrid working?

With clear, reasonable agreements regarding office and home working days and the associated compensation, laid down in policy.

Want to properly manage your hybrid work policy?

Our legal experts record this in your employee handbook or employment contract. View our employment lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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