On January 27, 2021, the bill “Working Where You Want Act” was submitted to the House of Representatives. This proposal provides for an amendment to the Flexible Working Act (Wfw) to create more opportunities for employees to successfully request to work (partially) from home.
It is expected that working from home will remain part of the “new normal” even after the Corona crisis. Currently, approximately 50% of employees in the Netherlands are working from home due to the Corona measures. Research shows that 40-60% of employees would like to continue doing so, for at least 2-3 days per week. At the moment, there is no “firm” right to work from home. The employee can already request an adjustment of the workplace. However, this right is “soft” and, after consultation with the employee, can be rejected by the employer on any reasonable ground. This bill aims to raise the bar for the employer. The employer can only reject the request for adjustment of the workplace / working from home due to compelling business interests. This request will therefore have to be treated in the same way as a request for adjustment of working hours or working time.
Just as with a request to adjust working hours or working time, the employee will soon be able to submit a request to change the place of work if he or she has been employed by the employer in question for at least six months. The request must be submitted to the employer in writing at least two months before the intended adjustment date, stating the desired place of work. This can be a (different) work location of the employer, or the employee’s home address. After submitting the request, the employer must consult with the employee about this and respond in writing no later than one month before the intended effective date of the request.
What mainly changes with this bill are the substantive grounds on which a request can be rejected. These are currently lacking in the Wfw. With the proposed amendment, the following main rule applies to the request for adjustment of the place of work: the request is granted unless compelling business or service interests oppose the adjustment, including the starting date and scope.
In response to the internet consultation of this bill, it was noted that ‘compelling interests’ (in addition to the well-known continuity of business processes / scheduling reasons) may include maintaining social cohesion in the workplace or the importance of professional secrecy. Also, working together in the workplace leads to more innovation, which is necessary for the future of the company. And also the circumstance that an employer has to bear particularly heavy burdens in proportion to make working from home possible can be a reason. After all, the employer must ensure a safe workplace on the basis of the Working Conditions Act. And that also applies to the home workplace.
The submitters of this bill did not intend to give employees an absolute right to work from home. The intended amendment of the Wfw should provide a framework for a dialogue between employer and employee. Ultimately, the outcome of this must be customized.
As with working hours and working time, the regulation does not apply to employers with fewer than 10 employees. The intended effective date of the law is not yet known. The parliamentary process must first be completed.
Post corona
Employers are already orienting themselves on the “post-corona” period. Our tip is to develop a vision for this on the balance between working in the office and at home, a standard for minimum attendance/fixed days (for the benefit of social cohesion) and a policy that also focuses on working from home (observing sufficient breaks and rest periods, being offline).
