You and your employer take joint responsibility for your health and safety at work. There are rules for this. Read about what you can do and what you can ask, in order to work healthily and safely.
In the Netherlands, employers and employees must follow certain rules in order to work as healthily and safely as possible. These rules are laid down in the Occupational Health and Safety Act. Matters dealt with in this Act include: what you should do if you work with hazardous substances, how to deal with heavy physical labour, what protective equipment you need to use in certain work situations and how to ensure that your workplace is set up well. Together with your employer, you look at the best possible way of following these rules.
Yes, you must always be able to work healthily and safely. Your employer must ensure that you have the right equipment and that your work environment is safe and healthy. Only then will you be able to work well. If you do not feel safe at work, discuss it with your manager. If you still have questions after this discussion, you can also talk to people from the works council (OR) of the organisation or to the company’s prevention officer. If your workplace remains unsafe after these conversations, you can report it to a special organisation: the Netherlands Labour Authority, which checks whether companies are following the rules. You can contact the Inspectorate on +31 (0)800 – 5151 to make a report, or you can pass on information online.
Your employer is obliged by law to make a list of the risks at your workplace. This is called a 'Risico Inventarisatie en Evaluatie' (Risk Inventory and Evaluation). It should be available for you.
Your employer must take measures for these risks, so that you can work as healthily and safely as possible. For example, there must be clear instructions for how to operate the machines at your workplace and how to take precautions if you are working with hazardous substances. Ask your manager which risks are described on the list and how you should deal with them.
In the first place, your employer is obliged to inform you and explain to you how you can work as safely and healthily as possible. If there is something you do not understand or if you need more information, go and talk to your manager or the prevention officer about which precautions you can take to work healthily and safely. These precautions may include the correct use of protective equipment. And always follow the company’s safety rules. They are there to keep you safe and healthy.
Your employer is obliged to arrange the work properly. The work is not allowed to have any negative influence on your health and safety. Your employer must inform you of the risks on the workplace. Within the company, ask about the precautions that are in place.
Employers who employ more than 25 people are obliged to appoint an expert, called a prevention officer. Ask your manager who the prevention officer is in the company you are working for. If the company has a works council (OR), you can also ask them questions about your health and safety on the workplace.
The Working Hours Act sets out all the rules for working hours and breaks. All employees and employers in the Netherlands must follow these rules. Sometimes, the sector has drawn up additional rules, alongside those in the Act. They are laid down in an agreement drawn up by the employers and employees together. This agreement is called the cao (collective labour agreement). Ask your employer which rules apply to the company you are working for.
All the rules for working hours are set out in the Working Hours Act. This Act forms the basis for companies to make their own agreements, which they lay down in your contract. So look carefully at your contract to see whether you have made agreements about extra hours to be worked. The rule is that you cannot work more than 12 consecutive hours. And you can work a maximum of 60 hours a week, but not every week. If you have to work extra hours, always discuss it with your manager.
If you work more than 5.5 hours, you are entitled to a break of a minimum of 30 minutes. You can also split this break into two breaks of 15 minutes. Your cao (the collective labour agreement between employers and employees in the sector) may include different rules, for example about continuation of pay during your break. If you work more than 10 hours a day, you are entitled to a break of 45 minutes. You can split this break into several breaks of a minimum of 15 minutes each. You can find more rules about taking breaks in the Working Hours Act.
Sometimes there are stricter rules regarding working hours and rest hours. For example if you work on a night shift or when you are pregnant. In that case, your company may have made agreements about taking extra breaks. This varies per company. Ask the prevention officer or your manager what applies to you.
You can do a maximum of 5 night shifts in a period of two weeks and a maximum of 22 night shifts a year. You can work a maximum of 10 hours on a night shift. If it is necessary for the work, you can extend this to 12 hours. There are also special rules for rest hours after a night shift. Look carefully at the rules for working night shifts.
Yes, you can ask your employer to work more than 8 hours a day. However, the Working Hours Act sets out various rules to protect you and ensure that you stay safe and healthy at work. So for each situation, look whether you can work more or longer and ask if it is allowed.
It varies per cao (the collective labour agreement between employers and employees in the sector) whether your employer is obliged to pay you for working extra hours. If it is your own decision to work extra hours, your employer is not obliged to pay for the overtime.
You must be able to do your work in a good position. If this is not possible, discuss it with your manager. Many positions are bad for your health, for example bending down for a long time, working with your arms raised or working on your knees. They can cause tiredness or too much strain on a part of your body. This can lead to injuries to your neck, shoulders or back, for example. Talk to your manager about solutions when you must spend long periods bending down, standing or sitting for your work. There are rules for this as well.
Working with hazardous substances can make you ill. They are often substances that you cannot see or smell, or which you think are not dangerous. Ask your manager which measures are taken to protect you and your colleagues, for example providing extraction or the right protective equipment. This protective equipment must be used correctly. Your employer should explain how. It is your own responsibility to do so.
Ensure you are well prepared if you work at height. Then you will reduce the danger of falling down. But there are more risks involved, such as falling objects. Do you know the rules? Ask your manager. He must take precautions if you are working at height and are at risk of falling. For up-to-date information, look at the website of the RIVM.
If you have physical problems or find the work too demanding, you can always discuss it with your manager. You can also report it to the expert at your company, who is called the prevention officer. And your employer must provide you with tools that make the physical work easier.
Yes, you can ask your manager whether you can carry out a variety of tasks. It is important for you to avoid working monotonously at the same tempo as far as possible.
An accident at your work may lead to injury. Every employer must try to prevent accidents and unsafe situations at work. In the event of a serious accident, your manager must call an ambulance, the fire brigade or the police. Your employer must report these accidents immediately to the Netherlands Labour Authority. This is laid down in the Occupational Health and Safety Act.
It is important that you have the right equipment to be able to work healthily and safely. Discuss with your manager what equipment you need to protect yourself. You can decide together on what is needed. Your employer is obliged to provide and pay for this protective equipment, which protects your head, eyes, ears, hands and feet, or your lungs for example. It reduces the risk of injury and permanent damage or sickness. You are personally responsible for using the protective equipment correctly and keeping it in good order. Your employer should explain what you have to do.
Do you work in a greenhouse, for example, or in the sun all day? By law there are no fixed rules as to what is allowed and what is not. However, the law does state that the temperature at your workplace may not be harmful to your health. Your employer must do everything possible to prevent your ill health, so it is important that you and your employer make good agreements. Is it not possible to avoid working at high temperatures? Ask your manager what precautions are taken. For example, you could alternate your work with work at a cooler workplace. Ensure that you get plenty of cold drinks. You can find information about working at high temperatures on the website of the FNV union in several languages, which you can find by clicking on the globe at the top right of the page.
Yes, that is possible, in consultation with you and your colleagues. Your employer must take account of very high temperatures. For example, your manager can adopt a work schedule suited to tropical climates, with different working hours. If you prefer to work normal hours, then your manager cannot demand that you work according to this special schedule. You can find more information about working at high temperatures on the Arboportaal or on the website of the FNV union in several languages, which you can find by clicking on the globe at the top right of the page.
Yes, that is possible. Your employer can give extra breaks or shorten the working hours if it is very hot. Your employer can also ensure that you do work that is less physically demanding. You can also take precautions yourself, for example by wearing light and dry clothing. Have plenty to drink, but no alcohol. You can find more information about working at high temperatures on the Arboportaal or on the website of the FNV union in several languages, which you can find by clicking on the globe at the top right of the page.
Yes, that is possible. High outdoor temperatures and a hot workplace can cause extra discomfort. Prolonged heat can cause tiredness, concentration problems, dizziness and headaches. So make sure, for example, that you wear light clothing and get plenty to drink. You can also talk to your employer about the possibility of working at a cooler place. You can find more information about working at high temperatures on the Arboportaal or on the website of the FNV union in several languages, which you can find by clicking on the globe at the top right of the page.
Your employer is obliged to take precautions if you work at low temperatures, for example to protect your workplace against the cold, wind or rain. Your manager must also offer you hot drinks and provide insulated tools. You should take breaks in warm surroundings, as that makes working at low temperatures more bearable. You can find information about working at low temperatures on the website of the FNV union in several languages, which you can find by clicking on the globe at the top right of the page.
Yes, that is possible. There is a risk of frozen skin, loss of coordination, or frozen fingers, eyes or nose. You could lose consciousness or even suffer cardiac arrest if you work in an extremely cold room. This can happen if your body temperature drops below 35 °C. So take the correct precautions for working at low temperatures, like wearing warm clothing, drinking hot fluids and taking breaks in heated rooms. You can find more information about working at low temperatures on the Arboportaal or on the website of the FNV union in several languages, which you can find by clicking on the globe at the top right of the page.
Bullying or aggressive behaviour at work can cause psychological problems or physical harm. This means you cannot do your work as well as usual, so always report it to your manager. Many companies employ someone who you can talk to confidentially and who can help to find a solution, called a vertrouwenspersoon (confidential counsellor). The prevention officer or someone from the works council (OR) will be able to tell you if a counsellor is available.
Arguments do happen on the shop floor. It is not a reason for reporting sick, so it is important to discuss it and to find a solution. You can do so with the company’s prevention officer or with someone from the works council (OR). Many companies employ someone for this, called a vertrouwenspersoon (confidential counsellor). This person can look at the situation from a distance and help find a solution.
If you are pregnant, you are entitled to do work that is less physically demanding. You must also restrict demanding work as far as possible until six months after giving birth. This reduces the physical strain. You are also entitled to more breaks. If you work with hazardous substances, you have to take extra care. Discuss with your employer which substances you can still work with and which not.
You are obliged to notify your employer of your pregnancy. You are obliged to do so at least three weeks before you take maternity leave. It is advisable to inform your manager of your pregnancy earlier than that, as your employer can then find a temporary replacement for you in good time. It is also important that you look whether it is necessary to adjust your work during your pregnancy, in order to keep you and your unborn baby safe. This is only possible if your employer is informed of your pregnancy.
Yes, if you are pregnant, then you have extra rights. For example, you are entitled to ‘regular work’, which means you cannot be called on to work unexpectedly. You are also entitled to extra breaks. During your pregnancy and for 6 months after the birth, you can work a maximum of 10 consecutive hours. You are not allowed to work night shifts, unless there is absolutely no other way to do your work. Discuss these rights with your manager.
Discuss all your questions about working during your pregnancy with your employer. If you do not get the answers you want from your employer, you can contact the prevention officer, someone from the works council (OR) or the confidential counsellor from the organisation. If none of them can help you, you can also contact an expert from outside the organisation, for example an occupational health and safety officer or a company doctor.
Your employer is not allowed to dismiss you if you are pregnant, or if he thinks you want to get pregnant. Neither can you be dismissed in the first 6 weeks after your maternity leave. Dismissal during your pregnancy or maternity leave is only allowed in special cases.
If you become a father, you are entitled to take leave as soon as your child is born. From 1 July 2020, you can also take extra paternity leave as a father or partner. You can do so for a maximum of 5 weeks, for which you are paid 70% of your wages. If you want to do less work for a while in order to look after your child, discuss this with your manager.
If you are employed by the company where you are working, you are entitled to 16 weeks of maternity leave. The leave starts from 4 to 6 weeks before the date you are expected to give birth. During the maternity leave, your wages continue to be paid for 16 weeks. If you want to extend this period of leave, you can use your holiday leave or talk to your employer about the possibility of taking unpaid leave. That means you will not receive wages during those leave days.
For the first 9 months after giving birth, you are entitled to breastfeed your child or to express milk during working hours, in peace and seclusion. Your employer is obliged to provide a clean room where you can do so, which can be locked from the inside. You can do this as often as necessary for as long as you need, but not for longer than a quarter of your total working hours. Demanding physical work must be limited as much as possible for 6 months after giving birth and you may not work with certain substances if you are breastfeeding. Discuss with your employer which substances these are.
If you have a fever, you are not allowed to work. Report it by telephone to your manager as soon as possible. If your manager is not there, report it to the deputy. If nobody picks up the phone, then leave a voicemail message. Your employer can then find a replacement for you.
What your employer does depends on the length of your illness; whether it lasts a couple of days or a longer period. If you have a touch of flu for a few days, your employer is not obliged to report it to the occupational health and safety service or the company doctor, who are the experts that advise your employer about illness and safety at the workplace. If you are ill for more than a week, your employer will report it to the occupational health and safety service or the company doctor. They can then give you the best possible assistance during your illness and you can work together towards your recovery. The company doctor looks at your situation and decides whether you might be able to do adjusted work, and at how and when you can best return to the shop floor.
In the case of long-term illness, your employer will report it to the occupational health and safety service or the company doctor, who are the experts that advise your employer about illness and safety at the workplace. The occupational health and safety service or the company doctor will contact you about the procedures concerning your illness and the fact that you cannot work. Together with the employer, they help you make a plan for the long term. What this plan is will depend on the situation.
There are agreements about this. You should try to go to the doctor or dentist in your free time as far as possible. You are not automatically given time off for it. If it is not possible to go to the doctor or dentist outside working hours, then you are entitled to a short period of time off, which is called ‘verzuimverlof’ (leave of absence). Always discuss it with your manager.
No, you do not have to do so by law. Your employer is not allowed to know why you are ill or to ask about the cause, i.e. what sort of illness it is. However, your employer is entitled to ask when you expect to be able to work again. If you are ill for more than a week, your employer will report it to the company doctor, who looks at what sort of illness it is, how long it will last and whether you might be able to do adjusted work. Together with you and your employer, the company doctor makes a plan for your recovery and how you can return to work. Your manager will expect that you do everything possible to recover as quickly as possible. That is in your own interests as well.
Yes, that is possible. The employer can ask the company doctor to determine whether you are ill and to look at whether you are able to do adjusted work. The company doctor will also estimate approximately how long your illness (and your sick leave) will last. Although the advice of your general practitioner is, of course, important, it is the company doctor who decides whether you are able to work or not. If you are ill, you must always provide your manager with your home address, so a check on your illness can be carried out.
Yes. One week after you have reported ill, the employer reports your illness to the company doctor. This doctor helps to monitor your illness by looking at what sort of illness it is, how long you will be unable to work and whether you might be able to do adjusted work. Along with you and your employer, the company doctor will also make a plan for your return to the shop floor after your illness.
Do you normally work in another country within the EU, EEA or Switzerland? And are you coming to work in the Netherlands temporarily, but will remain employed by your foreign employer? In that case, you are a posted worker. You are still entitled to these important Dutch terms and conditions of employment. For more information go to postedworkers.nl/werknemer.
To download the brochure "A healthy and safe working environment" click on the image below.
Have you come to work in the Netherlands from abroad and do you feel like a victim of labour exploitation? Are you not paid for your work, are you being forced or threatened by your employer, or are you experiencing other serious abuse at work?
Please contact Stichting FairWork. There is no charge for the support and you can remain anonymous if you wish. If you think someone around you is being exploited, check out our website and get in touch if you think someone needs our help. +31 20 760 08 09 +31 6 51771249 info@fairwork.nu
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