A theft protocol: the basis for a fair workplace

A theft protocol is a document in which you establish in advance what happens in the event of (a suspicion of) theft at work: how you investigate and what sanctions follow. It is your most important tool for preventing theft and for standing strong in the event of a potential summary dismissal — provided you apply the rules consistently. Below, you can read what belongs in a theft protocol, why consistent action is crucial, and when camera surveillance is permitted.

Why a theft protocol?

Theft at work leads not only to financial damage but also to a poor working atmosphere and a loss of trust. A theft protocol clearly sets out the rules regarding theft: what happens in the event of suspicion, how the theft is investigated, and what sanctions apply. Employees must be aware of the protocol.

The major advantage: with a clear protocol, you are in a stronger position in the event of summary dismissal, because it is crystal clear to the employee in advance what sanctions apply to theft. Also check out our tips to prevent theft.

Being consistent is necessary

The sanctions — such as summary dismissal or a temporary suspension — must be applied consistently. If you fail to do so, you run a significant risk:

Anyone who fails to consistently enforce their own rules undermines the theft protocol. The judge may then rule that you are not taking it seriously enough yourself, and reject a summary dismissal.

Therefore, apply the sanctions equally to everyone, so that employees know that theft is not tolerated.

The importance of awareness

In addition to a protocol and consistent enforcement, awareness is important. Make employees aware of the consequences of theft, for example through posters or an item in the internal newsletter. Especially with small “thefts”—a few markers or a pack of printer paper—employees do not always realize they are in the wrong. Awareness helps to increase that insight.

Camera surveillance: only in the case of a legitimate interest

Camera surveillance can prevent theft and can help catch a thieving employee red-handed. However, strict requirements apply to camera surveillance in the workplace:

• Legitimate interest: theft prevention is an example of this.
• Necessity: the goal must not be achievable in another, less intrusive way.
• Privacy test: you must weigh the infringement of privacy against the interest of supervision.

In some cases, even covert camera surveillance permitted, but specific conditions apply. TODO_VERIFY: the privacy rules regarding (covert) camera surveillance in the workplace are strict and subject to change — have this assessed on a case-by-case basis, in consultation with the Works Council.

Frequently Asked Questions

Am I allowed to summarily dismiss an employee for theft?

Theft can constitute urgent grounds for summary dismissal, but this is subject to strict requirements (given without delay, sufficient evidence). A clear and consistently applied theft protocol strengthens your position.

Does the theft protocol also apply to petty theft?

Yes. Especially with petty theft, the protocol helps to make it clear that this will not be tolerated either. However, be consistent in its application.

Am I allowed to install cameras to prevent theft?

Only if there is a legitimate interest, the camera surveillance is necessary, and you conduct a privacy assessment. Consent from the Works Council is often also required.

What if I am not consistent with sanctions?

In that case, the judge may reject a dismissal because you are undermining your own protocol. Consistent enforcement is essential.

Need help with a theft protocol or camera surveillance?

We advise employers on preventing theft at work and draft the necessary documents, such as a theft protocol. We also advise on camera surveillance and conduct a privacy assessment, ensuring you are in a strong position—including during consultations with the Works Council.

Our employment law are happy to assist you. Schedule a no-obligation intake consultation.