The Netherlands: Working from home in The Netherlands in 2025

Interestingly, there is still no legal right to work remotely. Employers can still require (office) staff to come to the office more frequently. But what if an employee has been working from home for years? Find the answers in this blog.

Remote Worker

Recently, a Dutch court ruled on a dispute between an employee and an employer who couldn’t resolve their conflict over working from home, leading to the termination of the employment relationship. The lessons from this case are valuable for everyone.

The Case

The case involved an employee of a notary office, employed since November 18, 2020. At that time, COVID-19 dominated the landscape. During the first six months of employment, the employee worked entirely from the office in Utrecht. Starting in December 2021, they transitioned to working 100% from home.

Midway through 2022, the employer informed the employee that they wanted them to return to the office for at least a few days per week. However, the employee continued working fully remotely until a sick leave began in March 2023.

The parties clashed again, this time over whether the reintegration process should occur from home or the office. Mediation failed, and the employer eventually filed a request with the subdistrict court to dissolve the employment contract due to an irreparably damaged working relationship.

What Did the Judge Decide?

The court found that the working relationship had been strained for a significant period before the employee’s sick leave, primarily due to the dispute over remote work. Both parties acknowledged this conflict, which had been ongoing since 2022.

Neither party was willing to compromise: the employer did not want a fully remote employee, and the employee refused to come to the office even occasionally. Since mediation had failed, the court dissolved the employment contract on the grounds of a disturbed working relationship (“g-ground”). The employee received a transition allowance of approximately €5,000.

Working from Home in 2025

Employers are legally allowed to require employees to come to the office, even if those employees are used to working entirely remotely. However, forcing such a change can logically harm the working relationship. Are you facing a similar conflict? Feel free to contact Michiel Vergouwen or one of our other specialists.

Sources:

District Court Midden-Nederland, July 22, 2024, ECLI:NL:RBMNE:2024:5717