When a Workplace Habit Becomes an Employment Condition
- The practical situation
Entrepreneurs focus on growth, profitability and continuity. Employment is often viewed as a
straightforward exchange: work in return for salary.
In practice, however, an employment relationship consists of more than salary and working
hours. Everyday practices within the workplace can also acquire legal significance.
This was illustrated in a recent judgment of the District Court of Midden-Nederland
(ECLI:NL:RBMNE:2025:5015). In that case, an employee had been allowed to bring his dog
to the office for many years. When the employer decided to end this practice, a dispute
arose.
The question before the court was not whether dogs should be allowed in the office, but
whether this long-standing practice had legally evolved into an employment condition. - The legal principle
Under employment law, a practice can become part of the employment agreement even if it
is not expressly included in the written contract. This is known as an acquired employment
condition.
Such a condition may arise when a practice:
– has been applied over a longer period of time
– is granted in a structural and consistent manner
– is introduced without a clear reservation
– creates a legitimate expectation among employees that the arrangement will continue
The decisive factor is therefore not only the employer’s original intention, but primarily the
legitimate expectations created among employees through the actual practice within the
organisation. - What does this mean for entrepreneurs?
Many organisations introduce arrangements out of flexibility or goodwill. Examples include
structural work-from-home arrangements, additional leave days beyond statutory
entitlements, recurring bonuses or flexible working hours that gradually become the
standard.
If such arrangements are applied consistently over time, they may become part of the
employment agreement. In that case, an employer cannot simply change them unilaterally.
Without the employee’s consent, a change will often only be possible if the employment
agreement contains a unilateral amendment clause (Article 7:613 of the Dutch Civil Code).
Even then, the employer must demonstrate that there is a compelling business interest that outweighs the employee’s interest affected by the change. Courts will actively assess whether this threshold is met. This issue often arises in growing organisations. What initially began as a practical or personal arrangement in a smaller organisation can, over time, acquire legal weight. - Legal insight – tip for entrepreneurs
Secondary employment benefits have become an important element of modern employment
relationships. They influence how attractive your organisation is to talent and how strongly
employees feel connected to your business.
At the same time, it is important to structure flexibility carefully from a legal perspective.
Consider the following:
– clearly record when an arrangement is temporary or experimental
– make explicit reservations when introducing new facilities
– regularly update employment agreements and employee handbooks
– review whether amendment clauses still reflect the actual practice within your organisation
By structuring this in advance, you can prevent a practical arrangement from unintentionally
turning into a legally enforceable right.
Legal insight – question for entrepreneurs
Do you know which arrangements within your organisation may already qualify as acquired
employment conditions?
If you would like to assess how much flexibility your organisation actually has when adjusting
employment conditions, feel free to contact us. We are happy to assist in creating a legally
sound and future-proof framework for your employment arrangements.
