Employer may require face mask

Can an employer require employees to wear a face mask? The subdistrict court in Utrecht ruled last week that an employer may indeed do so.

The employer in this case was a patisserie/chocolaterie/ice cream parlor. The employee transported goods between the various branches three days a week with the employer’s transport bus, delivered goods to customers, and collected goods from suppliers. In October 2020, the employer had announced toall employees that wearing a face mask would be mandatory for everyonein the workplace from that moment on. The employee refused becausehe saw no good reason for this and found it annoying. He was placed on inactive status without pay untilhe was willing to wear a face mask during work. The employee started summary proceedings in which he claimed wages.

The subdistrict court in Utrecht ruled in favor of the employer in its judgment: an employer has a right of instruction with which he may issue regulations regarding the performance of the work, especially if they promote ‘good order’ in the company. The employer had a duty to ensure a safe working environment for his employees and was also allowed to protect his business interests by preventing more employees from becoming ill. The suspension without pay was therefore permitted.