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Harassment and other inappropriate behaviour in the workplace

harassment

Are you experiencing harassment or other inappropriate behaviour in the workplace? Learn more about your rights as an employee and the remedies available under Dutch law.

The employer must actively prevent harassment and other inappropriate behaviour

Employers are legally obliged to ensure a healthy and safe working environment and to map all occupational health risks, including inappropriate behaviour. Examples of inappropriate behaviour include harassment, intimidation (including sexual intimidation) discrimination and bullying. The employer must have a policy against inappropriate behaviour, setting out what is considered such behavior, who can file a complaint, with whom, and how the complaint will be handled, as well as disciplinary actions available against the perpetrator. If an employee has reported inappropriate behaviour in the workplace, the employer should strictly follow its own internal procedures and may be required to have a third party investigate the situation.

Disciplinary action against the perpetrator

As a result of inappropriate behaviour, the employer may take disciplinary action against the perpetrator, varying from a formal warning to dismissal, depending on the severity of the complaint and other relevant factors, such as the job positions of the employees involved and their years of service, as well as the culture in the company.

Compensation for victims of harassment or other inappropriate behaviour

The employee may claim compensation if the employee can demonstrate that the employer is liable for the inappropriate behaviour. For example if the employer failed to comply with its internal procedures. In practice, such a claim is usually made by the employee against the employer where there is also a claim regarding the termination of employment. Such a claim regarding termination of the employment could be on the employer’s initiative, for instance as a result of a disrupted employment relationship with the employee, or alternatively, at the employee’s initiative, for instance because the employer failed to adequately protect the employee and/or handle the employee’s complaint properly. The employer can avoid liability by showing that he had taken all steps that could be reasonably expected to prevent the inappropriate behaviour. The employee may also claim compensation from the perpetrator.

Other remedies available to an employee

In addition to filing a complaint with theemployer, Dutch law provides a set of other remedies, for instance:

  • Reporting the harassment to the Works Council;
  • Filing an external complaint through an external complaint procedure (if in place in the industry);
  • Contacting the Netherlands Labour Authority (Nederlandse Arbeidsinspectie);
  • If it concerns either a public interest or a breach of European Union law, filing a whistleblower report;
  • If it concerns discrimination, reporting the discrimination to the Human Rights Institute (College voor de Rechten van de Mens).

Contact us

We have extensive experience in assisting employees who have experienced harassment or other kinds of inappropriate behaviour in the workplace. Would you like to discuss your situation with us? Do you need legal advice or assistance?

We would be pleased to assist you. You can contact us by using our contact form below. Or send us an email to info@noordamadvocatuur.nl. All information you share with us will be treated strictly confidential.

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Customer reviews

"I worked with Linda Couvreur at Noordam Employment Law to resolve a dispute with a former employer, and I am extremely pleased with both the collaboration and the outcome of the dispute. Linda is an outstanding lawyer – not only is she extraordinarily knowledgeable, strategic, and professional, she goes above and beyond that by being a genuinely caring, kind, and trustworthy person. [...]" Continue reading - Don

"I would recommend Linda Couvreur to anyone looking for a knowledgable, professional, compassionate and efficient lawyer. Linda assisted me with a very difficult contractual issue. Being an expat, I do not have any knowledge about Dutch law. I found myself in a very difficult situation and was distressed when I contacted Noordam Advocatuur. Linda immediately phoned me after I reached out to her and made me feel at ease. Linda was able to resolve my situation quickly and efficiently. She was always transparent about the costs involved. It is clear that she has compassion for people and will not charge unnecessary hours for her financial gain. She was always prompt in responding to my questions and I am very thankful that I chose her as my lawyer." - Mieke Du Preez

"I worked with Linda about a year ago to resolve a settlement agreement with my work. I was very stressed and confused and Linda was extremely helpful at all stages of the process. She was informative, transparent about the process and the costs, supportive of my wants and got me a much better deal than I hoped for. I thoroughly recommend working with her. Thanks again Linda!" - Leia Kennedy

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1075 AH Amsterdam

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020 - 68 98 123
info@noordamadvocatuur.nl

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