Werkweigering

Refusal to work

Refusal to work is an employee’s refusal to perform the work agreed upon. This may be justified or unjustified and frequently results in the suspension of wages or dismissal.

Refusal to perform work refers to the situation in which an employee refuses to carry out the duties assigned to him. This may arise from reasons such as unsafe working conditions, an employment dispute or a disagreement concerning the terms of the employment contract.

In Dutch employment law, refusal to perform work has far-reaching consequences. In the case of unjustified refusal to perform work, the employee shall in principle forfeit the right to remuneration, and the employer may proceed to dismissal, whether or not with immediate effect on urgent grounds.

In practice, refusal to perform work frequently arises in disputes concerning altered working conditions or instructions issued by the employer. The courts assess on a case-by-case basis whether the refusal was reasonable, weighing the interests of both parties.

“The employee was subjected to a suspension of wages following his refusal to work, as he had refused to operate the new machines without valid reason.”

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