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An employer must do more than provide work and wages: you have a duty of care, and this also extends to preventing burnout. If you do too little to address structurally excessive workload and psychological strain, you may be held liable for the damages.
The duty of care also includes mental health
Your duty of care (Article 7:658 of the Dutch Civil Code and the Working Conditions Act) is not limited to physical safety. You must also prevent psychosocial stress at work: work stress, excessive workload, and issues such as bullying or intimidation. Burnout resulting from structurally inadequate care may be at your expense.
Strict liability
As with other work-related damage, liability is strict. If an employee suffers damage as a result of their work — including psychological damage — you must, in principle, demonstrate that you fulfilled your duty of care. If you were aware of excessive workload and failed to intervene, your position is weak.
What can you do?
Monitor workload, take signals seriously, and intervene in a timely manner: redistribute work, offer support, and discuss workload during performance reviews. Conduct a risk inventory and evaluation that includes psychosocial stress, and document your policy.
In case of absence: act with due care
If an employee is absent due to burnout, the standard absence and reintegration obligations apply. Collaborate with the company doctor, respect privacy regarding health data, and build a meticulous file.
Frequently Asked Questions
Am I liable for my employee's burnout?
That is possible if the burnout stems from structurally inadequate concern for work pressure and you cannot demonstrate that you fulfilled your duty of care.
Does work stress fall under my duty of care?
Yes. You must actively combat psychosocial work load, including workload and stress.
How do I limit my risk?
With attention to workload, timely intervention, a risk assessment including psychosocial burden, and documented policy.
Is your duty of care and absenteeism policy in order?
Our legal experts establish policies in your employee handbook and advise on liability. View our employment lawteam or schedule a free consultation.
