Blogs

In the Netherlands, the topic of “grensoverschrijdend gedrag”—transgressive or inappropriate behaviour in the workplace—has evolved from a relatively underexposed HR issue to a legal and societal priority. As an employment lawyer advising Dutch and international employers, I have seen this shift unfold in both subtle and seismic ways. What was once handled quietly within organisations is now a subject of public debate, regulatory scrutiny, and legislative reform. In this blog, I explore the recent legal developments, practical implications, and cultural challenges surrounding transgressive behaviour at work in the Netherlands—and what employers should know to act responsibly and effectively.

The work environment has changed significantly in recent years. Technological advancements, a new generation of employees, and the desire of workers to pay more attention to work-life balance are forcing employers to review their policies and employment conditions. It is important to respond to these changes, as modern employment conditions are increasingly becoming a determining factor for talent retention, attracting new employees, productivity, and overall employee engagement. What modern employment conditions can you think of? You can read more about this in this blog series.

In this section, we introduce a colleague from the Employment, Employee Participation & Mediation team each month. This month, it's Laura Gringhuis' turn, a lawyer within the Employment & Employee Participation team. Curious about her story and what drives her? Read on to find out more!

Suppose: you part ways with your employer during a reorganization with a settlement agreement. The social plan, which applies to your settlement agreement, states that you can be re-employed within 26 weeks if a suitable vacancy arises. But what if that vacancy is filled internally? Do you still have the right to return? In a recent ruling, the court of appeal considered such a situation. The employee claimed that the employer had violated their return guarantee. The subdistrict court agreed with the employee, but the court of appeal thought otherwise. In this blog, I explain what the court of appeal ruled and why it is relevant for HR and employers. 

Outsourcing is still hot. A recent study shows that the Dutch IT outsourcing market will continue to grow. Nearly half of the respondents indicate that they will outsource at a higher pace in the next two years. This is currently the highest level in Europe. Plans to insource have halved, from 16% to 8%. The financial services sector predicts the most outsourcing growth: 64% of organizations plan to outsource more. The main reasons for outsourcing are: focusing on core activities, reducing IT costs, and improving IT support. By outsourcing, you can focus on what you are strong at and transfer supporting tasks, such as IT, to parties that are strong in those areas and have scale. Due to that scale, these parties can deliver more quality at lower costs. However, there are also companies that hesitate or want to slow down. This hesitation is understandable. IT outsourcing remains complex, also from a legal perspective.

The roots of modern privacy law lie in the 1970s when it became clear how easily computer systems could store and process large amounts of data. The General Data Protection Regulation (GDPR) is intentionally technology-neutral. New technologies should, in principle, be able to fit within these existing legal frameworks. However, blockchain presents us with challenges. On the one hand, it offers a new and interesting data processing model where individuals have more control over their personal data. On the other hand, some of its unique characteristics seem difficult to reconcile with the core principles of privacy law. My colleague Jeroen van Helden wrote an interesting chapter about this in the KNVI bundle "Multidisciplinary Aspects of Blockchain".

In May 2025, we celebrate a special milestone: it will be 75 years since the Works Councils Act (WOR) was introduced. On 14 May 2025, a festive congress will be held; a day filled with celebratory activities, leading speakers, and interactive workshops on current topics.

A rental agreement for residential property can only be terminated on a few grounds specified by law. One of these is 'urgent personal use'. Does this also apply if the use involves renting the property to a third party? This question was central to a ruling by the Amsterdam subdistrict court published on 31 March.

Do you still have a claim against a creditor, but this creditor has dissolved and deregistered from the trade register? Or have you stopped your business and dissolved the B.V., only to later discover that the B.V. still had an asset? In both cases, it may be necessary to reopen the liquidation of the legal entity. You can do this by submitting a petition to the court.