In this article
1. Identify the existing arrangement
Read the contractual workplace, collective agreement, individual home-working agreement and current policy. Distinguish a fixed entitlement from temporary permission or a trial. Record which days you work at home, for how long and subject to what conditions. Changing an established arrangement can raise different questions from refusing a first request. Ask which existing provision the employer relies on. Explain which tasks can be done remotely and where attendance remains necessary, including meetings, customers and supervision. A concrete work plan makes discussion more assessable than a preference for less commuting, without requiring disclosure of your entire private situation. Keep the actual written commitments alongside the pattern of home working that developed in practice.
2. Use the formal request route carefully
The checked government guidance describes the statutory workplace-request route for employers with at least ten staff and employees with at least 26 weeks' service. Submit the written request at least two months before the proposed start date and specify location and date. The employer must discuss it and respond in writing no later than one month before that date. Workplace requests do not automatically follow the same rules as changes to working hours or working time: do not assume every refusal requires compelling business interests. A request can be refused. Failure to respond on time and unusual circumstances need separate assessment of their legal consequences. Retain the request and evidence of receipt rather than relying on an informal conversation alone. The minimum of ten employees does not apply to a workplace request to care for a child under eight or to provide informal care. For a request satisfying the conditions, government guidance states that failure to respond in time allows you to work as requested. Check that those conditions are actually met if there is doubt.
3. Make hybrid working operational
Propose days at home, availability and handovers. Distinguish contact during paid hours from permanent availability by phone. Record how additional attendance is requested and who decides occasional changes. A trial with an evaluation date can test assumptions about collaboration. Discuss what happens if a technical failure or unsuitable workspace prevents home working on a particular day. Home working does not replace every type of leave or automatically alter contractual hours. Agree concrete outcomes and reasonable communication so that vague expectations do not later become performance criticism. Include customer service and support for colleagues in the plan. Confirm the final agreement rather than treating a proposal or successful trial week as permanent approval.
4. Record health, equipment and expenses separately
The duty to provide safe and healthy working conditions also applies at home. Discuss desk, chair, screen, lighting and opportunities to alternate tasks. Report physical discomfort and workload promptly so that suitable measures can be explored. The employer must assess risks and provide information; employees must use supplied equipment carefully and flag problems. Record items lent, maintenance responsibility and return on departure. A tax facility allowing an allowance is not itself an automatic employment-law entitlement to that amount. Check the collective agreement, policy and individual expense arrangements. Share medical details with the appropriate occupational professional and tell management primarily what practical adjustments are needed. Keep workplace safety distinct from the separate question of a daily expense payment.
5. Address privacy and information security
The employer must explain why monitoring is necessary and whether a less intrusive option would work. Continuous mouse, screen or presence recording goes further than agreeing results. Ask about purpose, data, access and retention for any monitoring software. Employees also have responsibilities: use approved systems, prevent household access to files and report data breaches through the internal process. Do not send work documents to private email or public translation services merely for convenience. Ask for the privacy notice and monitoring policy where concerns arise. Involve the works council where collective arrangements are concerned, without assuming its consent makes every individual processing activity lawful. Check practical security before handling sensitive records at a shared kitchen table or while travelling.
6. Refusal, office return and working abroad
Discuss the reasons for refusal and offer an adapted proposal: which tasks need attendance, could a trial or another roster work? Do not unilaterally stay home during a workplace dispute; have contractual and statutory rights assessed. Working from another country needs separate permission and investigation of social insurance, tax, residence and information security. Permission to work from home in the Netherlands is not a general clearance for foreign telework. If a fixed arrangement is withdrawn, the original undertaking, variation clause and both parties' interests matter. Record the facts and seek timely support, particularly where pay measures or dismissal are threatened. An internal conversation about hybrid policy does not by itself resolve a legal dispute over changing agreed employment conditions.
Practical checklist
- Check contract, collective agreement and existing permission.
- Submit a specific written request with date and workdays.
- Record availability, handovers and evaluation.
- Discuss equipment, expenses, privacy and security separately.
- Request separate assessment before working from another country.
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Can I always work from home two days a week?
No general entitlement to exactly two days exists. Your contract, collective agreement or individual arrangement may confer rights. A statutory request under the Flexible Working Act has conditions and deadlines that need checking.
Do the same conditions apply to small employers?
The statutory workplace-request route described here assumes at least ten employees. With a smaller employer, discussion, contractual arrangements and other applicable obligations still matter. Assess the particular situation rather than assuming the entire framework is identical. The minimum of ten employees does not apply to a workplace request to care for a child under eight or to provide informal care.
Must my employer pay a home-working allowance?
That depends on the applicable collective agreement, policy and your arrangements. A tax-exempt amount is not itself a general payment duty. Safe workplace obligations need separate assessment regardless of whether a daily allowance is payable.
Can I work from a holiday country without discussion?
Do not assume so. Foreign telework can affect insurance, tax, residence and data protection. Seek permission and assessment beforehand; ordinary home-working approval does not automatically cover it or settle those cross-border consequences.
Sources and editorial notes
The sources used for this page are listed below. Open the original publication for the full rules and context.
Sources current as of:
- Publisher: Arboportaal · Ministerie van SZWArboportaal: law and employer duties for home workingarboportaal.nlhttps://www.arboportaal.nl/onderwerpen/inrichting-werkvloer/fit-en-vitaal-thuiswerken/wat-staat-er-in-de-wet-over-thuiswerken
- Publisher: Autoriteit PersoonsgegevensAutoriteit Persoonsgegevens: secure home working and monitoringautoriteitpersoonsgegevens.nlhttps://autoriteitpersoonsgegevens.nl/nl/onderwerpen/corona/veilig-thuiswerken-tijdens-corona
- Publisher: RijksoverheidRijksoverheid: working conditions at homerijksoverheid.nlhttps://www.rijksoverheid.nl/themas/werk/arbeidsomstandigheden/arbeidsomstandigheden-thuiswerken
The source publications are in Dutch. All language editions cover Dutch law.
General information. Not a substitute for personal legal advice. This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
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Editorial team Arbeidsrecht in Nederland
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