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 September 2023
Adaptation of whistleblowers’ scheme to new law
Adaptation of whistleblowers' scheme to new law; employers will be required to adapt internal whistleblower reporting procedures and whistleblowing employees will have increased protection from measures under employment law.
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Daylight robbery
People have been working from home en masse since the corona pandemic and, contrary to the expectations of some labour market experts, there seems to be no change in this trend. This is hardly surprising as working from home can have benefits for both employers and employees.
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The non-compete clause: is there something you can do?
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Performance Improvement Plan: 5 key points to consider
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A damaged working relationship
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Working from home: right or privilege?
Before the Pandemic, working from home was not facilitated by all employers. During the Pandemic, we proved altogether that (long-term) working from home and/or working at a different location than the office can work very well.
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Dismissal in the event of reorganisation
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Read more about9 January 2023
When has an employee ‘recovered’?
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Read more about14 December 2022
Recruiting employees on the basis of green working conditions
Almost all employers have considerable difficulty finding staff.
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