Employees should be given more control over the ability to work remotely. This is stated in an advice from the Social and Economic Council (SER), which will be presented to the cabinet on Friday. If it is up to the SER, conditions will be added to the current Flexible Working Act against which employers can test a home work request. In this way, it is possible to respond to the advance of ‘hybrid working’, which has started since the corona pandemic.
Last year, the cabinet asked the SER for advice on the future of hybrid working in the period after the corona crisis. The SER now advises that employers and employees consult together about the work location, in a way that “fits within the company”. Collective agreements can also be made about this with the works council, the staff representation or via the collective labor agreement. Due to an amendment to the Flexible Working Act, employers would have to substantiate their response to an employee’s request against the criteria of ‘reasonableness’ and ‘fairness’. This should ensure greater control among employees and offer employers scope for customization within the organization, according to the SER: ‘a gap between people who can and cannot work hybridly in companies must absolutely be prevented’.
Control
Both the FNV trade union and the employers’ organizations VNO-NCW and MKB-Nederland say they are positive about the SER advice. FNV’s own research among its members showed that 9 out of 10 employees want more say in the workplace. “The advice shows that you can give employees more say without asking employers the impossible,” says FNV chairman Tuur Elzinga. The employers’ organizations applaud the mutual consultation about the workplace and emphasize that there will be no general legal right to work from home.
According to the SER, increased hybrid working means that more attention is needed for the prevention of physical and mental complaints. Extra attention is also required for cross-border workers, among others. A temporary tax arrangement with Belgium and Germany for people who work remotely in the Netherlands will expire at the end of June. The SER also calls on the cabinet to improve the (digital) infrastructure, skills and cybersecurity that are necessary for safer remote working.