The employer has a duty to ensure the safety in the working environment. If this is violated and the employee is injured while working, the employer may be liable.
The employer has a broad duty of care regarding the working environment. For example, the employer must ensure that the workplace, machines and equipment are safe and must provide protective devices. The employer must also give instructions and take measures to prevent employees from being injured at work, and he must ensure that these are observed. If the employer’s measures are not adequate and an employee is injured, the employer is liable.
However, there are limits on the duty of care. In one example, there was a case in which a catering employee cut her hand while she was working. As this work was not very different to one commonly occurring at home, and it is well-known that the knife for cutting rolls is sharp, the employer was not held liable.
GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.
Do you have a question? Please feel free to contact us.
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19 May 2025
The remuneration of temporary workers under the ABU collective labor agreement
According to a significant ruling by the Supreme Court, temporary workers whom are employed through an agency are entitled to the same compensation as employees who are directly employed by the actual employer. This right is based on European law and applies to all essential working conditions.
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30 April 2025
Facing redundancy in the Netherlands?
If you’re employed by a corporation in the Netherlands and are facing redundancy, this article provides practical advice on how to navigate the situation.
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24 April 2025
Restructuring: selection based on suitability is permitted
How does an employer determine which employee is made redundant during a reorganisation? The reflection principle (in Dutch: afspiegelingsbeginsel) is the obvious statutory starting point.
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14 April 2025
Client or Employer?
Since January 1, 2025, the Dutch Tax Authority have resumed enforcement of payroll taxes, focusing on identifying false self-employment on the work floor.
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2 April 2025
Right of consent for works council in a group context
The works council has a legal right of consent when an employer plans to change a remuneration system.
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26 March 2025
Copying company information to a private email
In today’s digital workplace, employees generally have easier access to sensitive company information.
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18 March 2025
Holiday During Sick Leave: Is Permission Required?
What are the rights and obligations of employees who wish to go on holiday while on sick leave? In this blog, we explain the legal rules, the role of the company doctor, and the possible consequences if a sick employee goes on holiday without permission.
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17 March 2025
Obligations under the Collective Dismissal Notification Act
Under the Dutch Collective Dismissal Notification Act (WMCO), you are required to notify the Employment Insurance Agency (UWV) of the dismissal of 20 or more employees within three months. In this blog, we share some practical tips.
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5 March 2025
Building a paper trail in Dismissal Cases
Wherever people work together, employment relationships can be disrupted due to various circumstances. If an employer no longer wishes to continue an employment contract for this reason, the court will assess whether there is a valid ground for termination. In such cases, the dismissal file plays a crucial role.
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