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You may, within limits, require employees to take protective measures, such as wearing a face mask or other personal protective equipment. This is possible on the basis of your right to issue instructions (Article 7:660 of the Dutch Civil Code) and your duty of care, provided that the instruction is reasonable and proportionate.
Your right to issue instructions as an employer
Pursuant to Article 7:660 of the Dutch Civil Code, an employee must comply with your reasonable instructions regarding the performance of work, including instructions to promote order, safety, and health. This may include an obligation to wear protective equipment.
The instruction must be reasonable and proportionate
An obligation only holds up if it is reasonable: there must be a legitimate aim, such as safety or health in the workplace, and the means must be suitable and proportionate for that purpose. Your duty of care for a safe workplace (Article 7:658 of the Dutch Civil Code) strengthens the basis for such measures, especially in the case of a health risk.
Refusal: what measures can you take?
If an employee refuses a reasonable and mandatory measure, you may respond: a meeting, an official warning, and, in the event of persistent refusal, more far-reaching employment law measures. However, take special circumstances into account, such as a medical reason, and act carefully and proportionately.
Clearly define the policy
Communicate the measure and the reason in advance and document your policy, for example in a protocol or employee handbook. A clear regulation communicated in advance is easier to enforce and prevents discussion.
Frequently Asked Questions
Am I allowed to make protective equipment mandatory?
Yes, within limits, based on your right to issue instructions (Article 7:660 of the Dutch Civil Code) and duty of care, provided that the obligation is reasonable and proportionate.
What if an employee refuses?
You may issue a warning and, in the event of persistent refusal, take further measures, taking into account special circumstances such as a medical reason.
How do I impose such an obligation?
Communicate the measure and the reason in advance and document the policy in a protocol or employee handbook.
Want to get your instruction and safety policy right?
Our legal experts establish regulations in your employee handbook. View our employment lawteam or schedule a free consultation.
