Dog at work? That can be an employment condition!

A physiotherapist has been working at care institution Careyn since 2019. All those years, he brings his dog to work. He is not the only one: colleagues do this too. Careyn never says anything about it. There are no complaints about the dogs either. Suddenly Careyn decides: as of May 1, 2025, dogs are prohibited in the workplace.

The physiotherapist goes to court. According to him, being allowed to bring the dog has now become an acquired right, and thus an employment condition. Careyn may not simply reverse that.

The judge agrees: there is a fixed habit that was allowed for years. From that, an employment condition has arisen. The physiotherapist may continue to bring his dog for now, pending a main proceeding.

An employment condition does not necessarily have to be in the employment contract. It can also arise from:

• What the employer has allowed for years;
• What is customary in the organization;
• What has never been prohibited or contradicted. 

The judge looks at these six factors when determining whether an acquired right has arisen:

1. The content of the practice: What exactly happens?
2. The nature of the employment contract and the mutual position: What kind of contract is it? What is the relationship between employer and employee? For example: is the employee strong or weak, is it a managerial position?
3. The duration of the practice: How long has this been happening? A month? A year? Five years? The longer, the more likely it becomes a right.
4. What parties have stated (or not): Has the employer said: “This is temporary” or never said anything? Has the employee asked if it is a fixed right? Silence can also have meaning.
5. The nature of the advantages and disadvantages: Who benefits or suffers from this habit? How significant is that benefit or disadvantage? Does it involve money, convenience, working hours?
6. The scope among employees: Does this apply to one person, a team, or the entire company? The more people, the more likely it becomes an employment condition. 

There is no exact rule for when something becomes an acquired right. But these six factors from case law, considered together, determine the answer to whether there is an acquired right.

Note: changing employment conditions is not easily possible

Careyn may therefore not simply impose a dog ban. The employer must first change the employment conditions. Changing employment conditions is not easily possible. Read our blog “Modern Employment Conditions: (4) Changing Employment Conditions”.

1. Pay attention to fixed practices. What you allow or tolerate can become an employment condition.
2. Make written agreements. Do you want to prevent something from becoming a fixed right? Then record it. Ensure that practice matches this.
3. Be alert when making changes.

• Is this perhaps an acquired right?
• Do you have a well-founded interest (or should you substantiate it better)?
• Is consultation possible? Or perhaps a phased-out arrangement? 

Not every habit becomes an acquired right. But the line is sometimes thin. We are happy to think along with you. Contact Thomas Catersels of één van one of our other specialists within the Employment, Employee Participation & Mediation team!

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