A safe work environment is a fundamental part of good employer practices. However, in practice, inappropriate behaviours such as harassment, bullying, aggression, or excessive workload still occur regularly. Many organizations are unclear about where the boundaries lie, how to recognize warning signs, or what measures are appropriate.
To address this, the government published a legislative proposal on February 18, 2025, which mandates that employers with ten or more employees create a written code of conduct against inappropriate behaviour. This code must be in place by July 1, 2026, provided the proposal becomes law in its current form.
The proposal is still under consultation. Organizations, interest groups, and other stakeholders have until March 23, 2025, to submit feedback. After that, the Council of Ministers will decide whether the proposal will be submitted to the House of Representatives. The law will only be final once accepted by both the House and the Senate.
What does this mean for you as an employer?
Under the Dutch Working Conditions Act (Arbowet), you are already required to provide a safe working environment, which includes reducing psychosocial work stress. The new proposal makes this obligation more specific: a code of conduct will be mandatory.
This code must clearly define what behaviour is unacceptable within your organization. It is not sufficient to merely refer to general norms or “company values.” You must specify what constitutes inappropriate behaviour, how employees will be supported if they encounter it, and what the consequences will be if rules are violated. It must also be clear where employees can go with questions or complaints.
Importantly, the code must not only be written down but also actively communicated to staff.
Why is this law needed?
Many employees still face barriers to reporting inappropriate behaviour, sometimes because they are unsure whether the behaviour is serious enough or because they don’t know where to turn. Employers also find it difficult to draw the line.
A clear code of conduct can help change this by defining in advance what is considered inappropriate behaviour within your organization, preventing misunderstandings, and allowing for quicker intervention when needed.
According to the Ministry, a code of conduct also contributes to an open work environment where issues are reported earlier, preventing escalation.
Note: “Other inappropriate behaviour”
The legislative proposal also mentions “other inappropriate behaviour.” What exactly falls under this category is not detailed, meaning that as an employer, you will need to define what you consider as such.
For this reason, it’s wise not to wait until the law is passed but to start thinking about what is acceptable and unacceptable within your organization now. Every organization is different, and this nuance requires a tailored approach.
Need help drafting or updating a code of conduct?
Our practical experience shows that many employers need a code of conduct that is not only legally sound but also suited to daily practice. We are happy to assist in developing, refining, or implementing a code of conduct that works—within the organization and the culture it needs to function in.
