Labor matters

Why is an employee handbook so important?

An employee handbook is not mandatory, but it is valuable: it sets out general rules and agreements that do not fit into every employment contract, provides clarity, and saves you from having to negotiate repeatedly. Moreover, with an amendment clause, you can...

Published on May 13, 2020 by MKBjuristen.nl
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An employee handbook is not mandatory, but it is valuable: it sets out general rules and agreements that do not fit into every employment contract, provides clarity, and saves you from having to negotiate repeatedly. Moreover, with an amendment clause, you can keep it up to date.

What is an employee handbook?

An employee handbook — also known as an employee guide or company regulations — compiles the rules and agreements that apply to all your employees: from leave and absenteeism to rules of conduct, the use of company resources, and the handling of confidential data. The law does not prescribe the content.

The advantage of clarity

By establishing rules centrally, everyone knows where they stand, and you can easily refer to the handbook in the employment contract. This prevents disputes and ensures equal treatment of your staff.

Flexibility without constantly negotiating

You cannot simply change what is stated in the individual employment contract. General rules in the handbook can be adjusted more easily—provided they are properly arranged. To this end, include a unilateral amendment clause (Article 7:613 of the Dutch Civil Code), so that you can update the policy if there is a compelling reason to do so.

Legal value in conflicts

A good handbook strengthens your position in conflicts: it shows which rules applied and that the employee was aware of them. This helps with warnings, improvement plans, and ultimately, dismissal.

Frequently Asked Questions

Is an employee handbook mandatory?

No, but it is highly recommended. It provides clarity and strengthens your position in conflicts.

Am I allowed to unilaterally amend the manual?

With a unilateral amendment clause (Article 7:613 of the Dutch Civil Code), you can modify general rules in the event of a compelling interest. Without such a clause, the situation is more difficult.

What do I include in an employee handbook?

General agreements that do not fit into every employment contract: leave, absenteeism, conduct, use of company resources, privacy, and more.

Want to have a strong employee handbook drafted?

Our legal experts draft an employee handbook and correctly link it to the 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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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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