Hybrid way of working

Working from home is a new development which is impossible to ignore.  Even after the corona pandemic, many organisations have fully embraced working from home. This change in our work culture has led not only to discussions within HR walls, but also to political and legal developments.

By now – as no doubt already known – the ‘work where you want’ bill is pending before the Senate. The need to be allowed to work from home is still strong and many employees now see the possibility of working from home as an important condition of employment.

In preparation for the possible entry into force of the ‘work where you want’ Act and in order to remain an attractive employer in this tight labour market, it is important that employers consider how homeworking can be shaped within their organisation. A good workable and widely supported homeworking policy is therefore essential.

Current situation: Currently, under the Flexible Working Act (Wfw), employees can, under certain conditions, request their employer to allow them to work at home (partially). The employer must consider the request and is obliged to consult with the employee, but can then reject the request on any grounds. Additionally, employees can also base a request to change their workplace on other legal grounds, such as good employment practice.

To ensure that employers have a harder time rejecting a request to adjust the workplace under the Wfw, the initiative bill ‘Work Where You Want’ was introduced in January 2021. Under the (now amended) bill, employers will be obliged to consider requests as well as weigh up their interests.

The employer must grant the request if it considers, given the circumstances of the case, that its own interests must give way by “standards of reasonableness and fairness”. The bill has yet to be passed by the Senate before it enters into force. We will keep you posted.