Goed werkgeverschap

Good employer conduct

Good employer practices constitute the employer's statutory duty to behave towards the employee as a reasonable and fair employer, as laid down in Article 7:611 BW.

Good employer practices require the employer, in the performance of the employment contract, to take into account the employee’s legitimate interests and not to harm them unnecessarily. This principle derives from the requirements of reasonableness and fairness that bind the parties in an employment relationship.

The principle is relevant because it underpins numerous specific obligations, such as providing a safe working environment, giving fair feedback and handling reintegration or termination of the employment relationship with due care. A breach may give rise to liability for damages or a disrupted employment relationship.

In practice, good employer practices are frequently invoked in disputes regarding dismissal, modification of employment terms or undesirable conduct in the workplace, in which the court examines whether the employer has acted with sufficient care.

“The employer breached its duty of good employment practices by demoting the employee to a lower position without prior consultation.”

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