Can an employer force you to come to the office? | Work

LinkedIn conducted the survey among 2,900 executives, 100 of whom work for Dutch companies. This showed that 37 percent want to limit working from home and also reduce the number of hybrid functions. At the Dutch level, 7 out of 10 managers have already thought about this.

Working from home has already become quite common in 2.5 years and is already included in the terms of employment. “An employer may nevertheless demand that you return to the office,” says Elise van Es, employment law lawyer and founder of Legalitas Advocaten.

The employer may invoke the right of instruction. This right allows the employer to draw up regulations that an employee must comply with. “This also applies to the obligation to come to the office,” says Van Es.

There is one exception. “If it has been contractually agreed that you work hybrid or, for example, work at home at least two days a week, then the employer cannot force you to come to the office. It is then a fringe benefit. An employer can only change it after he has changed the employment contract with consent or unilaterally.”

The employee may refuse the employer’s request if, for example, the employee has to take care of a sick child or a sick partner. In all other cases, the employee must come to the office if requested by the employer. “From a legal point of view, the employer does not have to give a reason for this, but it is so neat,” says Van Es.

There is a possibility that this will all change if the ‘Working where you want’ law is implemented. “This law still has to be passed by the Senate, but if it succeeds, the employer will no longer have as much say as it does now,” says Van Es.

The lawyer explains: ,,If the employee submits the request to work from home, the employer must agree to this. Unless reasonableness and fairness dictate otherwise.” Simply put: it does not become an unconditional right of the employee, but it must be seriously considered by the employer.

For example, employees will probably have to submit a motivated request in the future if they want to work from home (more often). And should it become clearer – in the personnel regulations – under which circumstances someone is allowed to work from home.

But what’s a good reason to send someone to the office? “If someone is not functioning properly, that is probably reason enough to limit working from home,” says Van Es.

David Schimmel, HR advisor and founder of The Boys of HR does not think it is wise to let it come to this. “Is it smart to force an employee to come to the office? Coercion only creates resistance and does not cause the employee to work more. They will probably only dig their heels in more.”

The employee can then consider looking for another job, because there is a shortage on the labor market. To prevent this, Schimmel advises to reach a compromise with the employee. Even if the new law is implemented. “In all cases, talk to each other. Why does the employer want the employee to come to the office so badly? And why is the employee so eager to work from home? It is important to clarify both motivations before making demands.”

If it does come to a request with coercion, it is good to frame office work, says Schimmel. “If someone really doesn’t want to come to the office? Then suggest limiting it to three months. If everything goes well, the employee can then work from home again. Then there is a clear framework and everyone knows where he or she stands.”

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