Dutch legislative proposal on a code of conduct against harassment at work

Proposal
The proposed legislation stipulates that all employers with more than ten employees must have a code of conduct against harassemnt at work. This code of conduct must at least include:

• a definition of what constitutes harassment and undesirable behaviour;
• clear and comprehensible examples of behaviour that is considered inappropriate;
• the procedure for dealing with harassment within the organisation;
• the measures and sanctions that apply in case of violation of the code of conduct;
• the role of the designated person whom employees can approach with questions or comments regarding the code of conduct.

According to the legislator, a code of conduct can help prevent, and at least limit undesirable behavior by making it clear in advance what behavior is unacceptable and what the potential consequences are. A code of conduct would also reduce hesitation in taking action: undesirable behavior would be noticed more quickly, and it would be clear to everyone what steps can be taken.

Role of the works council or employee representation
An important aspect when drafting a code of conduct on undesirable behavior is involving the works council (or employee representation), as they have a statutory right of prior consent under the Dutch Works Councils Act.

What happens next in the legislative process?
The public consultation will close on March 23, 2025. After that, the government will consider all responses to the legislative proposal and decide whether to submit the proposal—potentially in an amended form—to the House of Representatives. The intended date of entry into force is July 1, 2026.

Also without a legal obligation, it is advised that organizations have a clear framework for dealing with harassment and undesirable behaviour. We are happy to assist in this process—feel free to contact us at info@vanbladeladvocaten.nl.