Employment, Employee Participation & Mediation

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.

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.