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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).

Contacting our employment lawyers

Our English-speaking employment lawyers have extensive experience in assisting employees who have experienced harassment or other kinds of inappropriate behaviour in the workplace. Do you wish to discuss your situation with one of our lawyers? Feel free to contact us by using our contact form, or contact us by telephone (020 – 6898 123) or email info@noordamadvocaten.nl.

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Customer reviews

"Being a young professional in Netherlands, I cannot describe how lucky and satisfied I feel after working with Arnoud Noordam to deal with a time sensitive labour issue. I was heard, I was guided and most of all I felt really protected at any given time. Great response time, frequent checks on the progress of […]" Continue reading - Savvas Soudeniotis

"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

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Contact
info@noordamadvocaten.nl
+31 (0)20 - 68 98 123

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Noordam Advocaten
Oranje Nassaulaan 5
1075 AH Amsterdam

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P.O. Box 75280
1070 AG Amsterdam

Address

Oranje Nassaulaan 5
1075 AH Amsterdam

Contact

020 - 68 98 123
020 - 68 98 885
info@noordamadvocaten.nl

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