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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20 January 2025
Respecting co-determination rights
Works councils do not often take legal action against their own management. Typically, they try to resolve disputes through constructive dialogue with the management or entrepreneur, which is often the preferred approach. However, if dialogue fails, works councils (WC) have several legal avenues available.
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15 January 2025
Request for Permanent Employment
Since August 1, 2022, employers in the Netherlands must comply with the Transparent and Predictable Working Conditions Act.
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23 December 2024
Is your company ready for a four-day work week?
With effect from 1 January 2025, AFAS will introduce a four-day working week for all its employees, who will retain their current five-day salary. Employees already working less than five days will be compensated.
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18 December 2024
Three-strikes-and-you’re-out policy
In staff manuals I regularly come across the rule that a third warning automatically leads to dismissal with immediate effect. In baseball terminology, this is called a ‘three-strikes-and-you’re-out’ policy. An employer from Eindhoven also called this an ‘oei-foei-doei’ policy.
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16 December 2024
Investigations into undesirable behaviour in the workplace
Physical attacks, (sexual)harassment, verbal abuse, but also inappropriate comments – these are all forms of undesirable behaviour in the workplace.
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11 December 2024
Working from home not an entitlement for the time being
The corona crisis changed how organisations think about working from home. It even led to a legislative proposal; the Work Where You Want Act (wetsvoorstel ‘werken waar je wilt’) aimed at making it easier for employees and employers to reach agreements on hybrid working.
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9 December 2024
Employers’ liability for a burnout?
Small mistakes can have large consequences. The same applies at work: employers’ liability is easily on the cards. Excessive work pressure, inhalation of hazardous substances or physical overload.
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4 December 2024
Respecting Works Council’s Participation Rights
Works councils do not often litigate against their own management. Generally, the works council (WC) and the manager or entrepreneur prefer to resolve disputes through constructive dialogue.
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25 November 2024
Enforcing the establishment and recognition of a works council
Nearly one-third of companies with more than 50 employees do not have a works council (WC).
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