In the performance of an employment contract, an employer must act as a good employer (good employership) and an employee must act as a good employee (good employeeship). This can be found in Article 7:611 of the Dutch Civil Code. That code does not specify exactly what good employee or employership entails. In any case, it is a supplement to the classic provisions of labor law and to the content of the employment contract. Therefore, when a judge has to rule on a labor dispute, he will always take good employer or employeeship into account.
What is good employeeship?
Good employeeship is about the behavior of the employee. It is about the fact that, as an employer, you can expect an employee to behave well. There are five important components of good employeeship. These are discussed below.
If an employee does not behave as a good employee, it is possible to take action. For example, you can address the employee about this during a performance review, issue an official warning , or suspend the employee. You can also refuse a contract extension or even proceed to dismissal. In some cases, you can claim compensation.
A good employee is present
First and foremost, a good employee must be present during the agreed working hours. Being late once in a while can happen even to the best employee. But a good employee does not arrive late systematically. A good employee will also not take vacation or leave without approval.
Good employeeship is balanced by good employership. Therefore, an employer may not simply reject a leave or vacation request.
A good employee performs suitable work
Secondly, a good employee is obliged to perform suitable work. He may not do nothing all day, but is required to carry out the work offered to him. In principle, this concerns the work for which the employee was hired. Sometimes the employee may be expected to perform other work, for example if he has to step in for a colleague due to illness or force majeure. However, this concerns exceptional situations. Furthermore, good employeeship entails that the employer may occasionally ask for overtime, provided that this is not structural and the overtime is actually necessary.
A good employee is honest
Furthermore, a good employee must be honest. If employees have made a mistake during work, they must honestly admit it and may not lie about it. Even if they are no longer permitted to perform certain work for medical reasons, they must be honest about this and even have a duty to disclose. This information is very important for the employer, because he must be able to guarantee that the work can be performed safely. Otherwise, he will run into problems.
A good employee is loyal
An employee must also be loyal. During the performance of the employment contract, he may not simply start his own business to compete with you. Nor may he moonlight for a competitor without your permission.
This does not go as far as, for example, a non-compete clause or an ancillary activities clause. A non-compete clause applies to the period after the employment contract. An ancillary activities clause, on the other hand, does not only relate to competing ancillary activities, but is broader than just that.
A good employee can keep secrets
Finally, a good employee can be expected not to simply share sensitive company information. This is also the case if no confidentiality clause is included in the employment contract. Therefore, he may not simply share trade secrets or personal customer information with friends, family, or other people.
Clear agreements and rules of conduct
In practice, a judge may decide differently regarding the points mentioned above. After all, a judge considers all circumstances and will also take into account, for instance, good employership. A balance must always be struck between good employeeship and good employership.
To prevent ambiguities and problems, it is advisable to clearly establish rules of conduct and expectations. The most important matters, such as those concerning the work to be performed and the hours to be worked, should be included in the employment contract. Other matters can be included in a code of conduct that forms part of the employee handbook or company regulations.
