නෙදර්ලන්තයේ නිවසේ සිට වැඩ කිරීම: අයිතිවාසිකම් සහ බැඳීම්

Working from home in the Netherlands rests on two employer obligations that run in parallel: the home workplace must be safe and ergonomically sound under the Working Conditions Act (ආර්බෝවෙට්), and a request to work from home must be considered seriously under the Flexible Working Act (තෙත් නම්‍යශීලී බව). The main exception is that the employer is not obliged to agree: a request to work from home can be refused on business grounds.

Alongside these sit data protection under the GDPR, working time under the Working Hours Act (ආර්බයිඩ්ස්ටිජ්ඩෙන්වෙට්), and practical points such as the home-working allowance, equipment and liability, which the contract or a home-working policy should settle expressly.

Can you ask your employer to work from home?

Yes. Under the Flexible Working Act, an employee who has been employed for at least 26 weeks can request a change to the working hours, working times or place of work. The request must be made in writing at least two months before the desired start date.

For a request about the place of work, the employer must consider the request, discuss it with the employee and, if it refuses, explain its reasons in writing. That is a duty to engage, not an obligation to agree. The bill that would have given employees a stronger right to work from home (Wet werken waar je wil) was rejected by the Senate in July 2023. Employers with fewer than ten employees must make their own arrangement for such requests.

සාමූහික කම්කරු ගිවිසුමක් (අධි) or company policy may give more rights, for example a fixed number of home-working days. Where the employer has the right to set the place of work, it must exercise it reasonably, taking into account how the arrangement worked in practice.

What must the employer do for a safe home workplace?

The employer’s duty of care for working conditions also applies at home. Under the Working Conditions Act and the Working Conditions Decree (Arbobesluit), the employer must ensure that the home workplace is ergonomically sound and provide what is needed, such as a suitable desk, chair and screen.

Home working must be included in the risk inventory and evaluation (RI&E) required by Article 5 of the Working Conditions Act. The employer must also inform employees about healthy working and pay attention to psychosocial risks, such as isolation and work pressure. If an employee suffers an accident while working at home, the employer can be liable under Article 7:658 BW if it fell short of its duty of care.

Which working time rules apply at home?

The same as at the office. Under the Working Hours Act, an employee may work at most 12 hours per shift and 60 hours per week, with an average of 48 hours per week over 16 weeks, and must have at least 11 hours of rest between shifts.

The employer must keep records of working and rest times. Home working blurs the boundary between work and private life, so a policy should state when employees must be reachable and when they may disconnect.

Can the employer monitor you at home?

Only within the limits of the GDPR. The employer needs a lawful basis, usually a legitimate interest, and monitoring must be proportionate: continuous screen recording or keystroke logging will rarely pass that test. Consent is not a valid basis in an employment relationship, because the employee is not free to refuse.

For systematic monitoring, a data protection impact assessment (DPIA) is usually required under Article 35 GDPR. If the company has a works council (ඔන්ඩර්නෙමින්ස්රාඩ්), it must consent to the introduction of a system for monitoring attendance, behaviour or performance (Article 27(1)(l) of the Works Councils Act, WOR). The Dutch Data Protection Authority (පුද්ගලික දත්ත සඳහා අධිකාරිය) supervises compliance.

නිවසේ සිට වැඩ කිරීමේ වියදම් ගෙවන්නේ කවුද?

The law does not oblige the employer to pay a home-working allowance, but many collective labour agreements and policies do. The employer can pay a tax-free allowance of up to €2.45 per home-working day in 2026; it cannot be combined with a tax-free travel allowance for the same day.

Equipment the employer provides, such as a laptop or office chair, remains its property unless agreed otherwise. A policy should state who is liable for loss or damage and whether the employee’s home insurance covers the equipment.

What applies when you work from home abroad?

Working from another country can change which social security system and which tax rules apply. Under the EU framework agreement on cross-border telework, an employee can work up to 49.9% of working time from the country of residence while remaining insured in the employer’s country, if both countries signed the agreement. Read more in our article on දේශසීමා හරහා දුරස්ථ වැඩ.

සේවකයෙකු ලෙස ඔබ පරීක්ෂා කළ යුත්තේ කුමක්ද?

Put your request and the agreements in writing. Check:

• whether you have been employed for at least 26 weeks and submit your request two months in advance;
• whether your cao or company policy gives you a right to home-working days or an allowance;
• whether your employer provides a suitable desk, chair and screen;
• which monitoring tools are used and whether the works council consented;
• whether working abroad affects your social security and tax position.

සේවායෝජකයෙකු ලෙස ඔබ පරීක්ෂා කළ යුත්තේ කුමක්ද?

A written home-working policy prevents most disputes. Check:

• whether you respond to requests in writing, with reasons, before the desired start date;
• whether home working is included in the RI&E;
• whether monitoring has a lawful basis, a DPIA where required and works council consent;
• whether working hours and reachability are recorded and respected;
• whether the policy settles the allowance, equipment, insurance and liability.

What can we do for you with working from home?

අපගේ රැකියා නීති yers යින් advise employers and employees, in English and Dutch. We can:

• draft or review a home-working policy, including allowance, equipment and reachability;
• assess a request under the Flexible Working Act and draft the reasoned response;
• review monitoring tools against the GDPR and the works council’s right of consent;
• advise on liability under Article 7:658 BW after an accident at home;
• check the social security and contractual consequences of working from another country.

සාරාංශය

• Employees with 26 weeks’ service can request to work from home; the employer must consider it but may refuse.
• The employer must ensure a safe home workplace and include it in the RI&E.
• Working Hours Act limits and GDPR rules apply at home as at the office.
• A tax-free allowance of up to €2.45 per home-working day is possible in 2026.

නිතර අසන ප්රශ්න