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Good employership (Article 7:611 of the Dutch Civil Code) obligates you to behave reasonably and carefully towards your employees. It is an open standard with significant consequences: even behavior that is not explicitly prohibited can still be unacceptable if it conflicts with good employership.
What does good employership entail?
The law stipulates that employer and employee must conduct themselves as a good employer and a good employee (Article 7:611 of the Dutch Civil Code). It is an open standard: not everything is laid down in rules, but your conduct must be careful, reasonable, and fair. Case law has interpreted this standard in countless situations.
Examples from practice
Various obligations have arisen from good employership: you must inform employees in a timely and accurate manner, take reasonable proposals seriously, handle changes to employment conditions with care, and in certain cases provide adequate insurance or provisions, for example regarding road safety. The standard also plays a role in reintegration and in the commencement and termination of employment.
Why it is important
Because the standard is open, a judge may disapprove of conduct that appears permissible at first glance. If you do not act as a good employer, you risk liability, higher compensation, or the failure of a dismissal. Acting with due care therefore pays off.
This is how you act as a good employer
Communicate openly, substantiate decisions, take the employee's interests into account, and document your actions. Especially with sensitive matters—changes to terms and conditions, absenteeism, dismissal—a careful approach prevents many problems.
Frequently Asked Questions
What exactly is good employership?
The statutory standard (Article 7:611 of the Dutch Civil Code) that you, as an employer, act reasonably, carefully, and fairly towards your employees.
Can I be held liable even if I do not break a specific rule?
Yes. Behavior that violates good employer practices can be unacceptable, even without a specific rule being broken.
Where does good employership play the most role?
In the event of changes to employment conditions, absence and reintegration, and upon the commencement and termination of employment.
Questions about your role as an employer?
Our legal experts and lawyers advise on good employer practices and record agreements in your employment contract. View our employment lawteam or schedule a free consultation.
