We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.
Our privacy statement:
Below you can choose for which purposes you want to allow cookies on the website of De Clercq.
.jpg&w=3840&q=75)
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 past decade has witnessed a societal reckoning. Movements like #MeToo, Black Lives Matter, and broader calls for diversity, equity, and inclusion have emboldened employees to speak up about workplace behaviour that, until recently, went unchecked. In the Netherlands, media exposés involving well-known institutions—from broadcasters to universities—have sparked a national conversation about psychological safety at work.
This shift in awareness has been accompanied by a growing consensus: employers have not only a moral responsibility but a legal duty to create a safe and respectful working environment. This duty is enshrined in Dutch employment law through the general obligation of care (zorgplicht) under Article 7:658 of the Dutch Civil Code. But what that duty entails is evolving.
Whereas physical safety once dominated legal interpretations, the spotlight is now firmly on psychosocial safety. And Dutch courts are beginning to reflect that.
In extreme cases, damages may be awarded, or the employer may be held responsible for the psychological harm suffered by the employee—even if the conduct itself was perpetrated by a colleague or manager.
One of the difficulties in legal and HR contexts is that “transgressive behaviour” is a broad and somewhat subjective concept. It ranges from clearly unlawful conduct—such as discrimination or sexual harassment—to more subtle forms of intimidation, exclusion, or gossiping.
The boundary is not always legally sharp. For example, cultural differences and power imbalances often shape how behaviour is perceived. What feels like assertiveness to one person may feel like aggression to another. What is seen as harmless teasing in one team may feel like exclusion in another.
This is where context becomes critical, and why legal advice should be tailored to each specific case.
For multinational organisations or Dutch employers with diverse teams, additional challenges arise:
As such, employers must avoid copy-pasting policies across countries. Instead, they should ensure that global values are translated into locally compliant procedures—ideally with input from Dutch legal counsel.
To mitigate legal risks and create a safer workplace culture, Dutch employers (and international employers operating in the Netherlands) should consider the following best practices:
We are moving toward a working world in which transgressive behaviour is no longer tolerated—legally, culturally, or socially. For employers in the Netherlands, this means not just avoiding legal pitfalls, but actively contributing to a culture of respect, inclusion, and safety.
This transition is not without challenges, particularly for employers operating in complex or international environments. But with the right legal guidance and a proactive approach, organisations can not only protect themselves—but also foster healthier, more resilient workplaces.
Because ultimately, a safe workplace is not just a legal requirement—it’s the foundation of trust, wellbeing, and long-term success.
Would you like tailored advice or support in setting up compliant workplace policies in the Netherlands? Feel free to contact Caroline Mehlem, Attorney at law Employment Law.
Would you like a monthly overview of updates and blogs in your mailbox? Click here to subscribe to the newsletter!
