Verpligte kantoorpartytjies: kan jou werkgewer jou dwing om dit by te woon?

A Dutch employer cannot make a purely social office party compulsory. The right to give instructions in Article 7:660 of the Dutch Civil Code (BW) covers only the performance of the work and good order in the business; the exception is an event with a genuine business purpose, such as training or a client event, which the employer can require you to attend, but the time then counts as working time.

Below we explain where the right of instruction ends, when an event becomes work, what that means for working time and pay, and which sanctions an employer can and cannot impose if you stay away.

How far does the employer’s right of instruction go?

Under Article 7:660 BW you must follow instructions on how to do the work and on good order in the business, within the limits of the law, the employment contract and any collective labour agreement (cao). Socialising with colleagues is not part of that.

Mandatory meetings, safety rules, working methods and shift schedules fall within the right of instruction. Drinks after work or a Christmas dinner do not, because the link with the work is missing. The employer may invite and encourage you, but calling an invitation compulsory does not create an obligation.

A second limit is reasonableness. Under Article 7:611 BW, the employer must act as a good employer (goed werkgever) and weigh your personal circumstances before insisting, even on a valid instruction.

When does a company event become work?

As soon as it serves an identifiable business purpose. A training day, an onboarding programme, a strategy session, a trade fair or a client event where you represent the company is part of the job, and attendance can be required.

Many events are mixed, such as workshops followed by dinner or a two-day offsite with presentations and social activities. Useful questions are: what does the programme contain, can the employer name the business goal without falling back on “team building”, are clients or suppliers present, and do you have a role beyond attending? The more the event resembles work, the stronger the employer’s position.

Does compulsory attendance count as working time?

Yes. Time in which you must be available to the employer and cannot freely use your time counts as working time under the EU Working Time Directive (2003/88/EC) and the Dutch Working Hours Act (Arbeidstijdenwet, ATW), as consistently interpreted by the Court of Justice of the European Union.

The hours then count towards the statutory maximums. Under Article 5:7 ATW, an adult employee works no more than 12 hours per shift and 60 hours per week. Under Article 5:3 ATW, an adult must have an uninterrupted rest period of at least 11 hours in every 24 hours, which may be shortened to 8 hours once a week if the nature of the work or the business circumstances call for it. An employer that keeps staff at an event until midnight cannot expect them back at eight the next morning.

Whether and at what rate those hours are paid depends on your employment contract and cao, not on the ATW. The point is that a compulsory event moves into the sphere of paid work.

What may an employer do if you stay away?

Very little, if the event was social: without a valid instruction there is nothing to enforce. If the event was genuinely work-related and announced in advance as compulsory, a written warning is usually the most an employer can defend.

Can the employer fine you or deduct pay?

Only under strict conditions. Under Article 7:650 BW, a fine requires a written clause in the employment contract that names the rule, the amount and the destination of the fine; the employer may not benefit from it, and fines may not exceed half a day’s wage per week. Under Article 7:651 BW, the employer cannot claim both a fine and damages for the same conduct.

Withholding wages is also restricted. Under Article 7:631 BW a clause allowing the employer to withhold an amount on payday is void, and Article 7:632 BW limits set-off against wages to specific claims. Docking a day’s pay because you skipped a dinner has no basis: you were available for the work you were hired for.

Can you be suspended or dismissed?

Not for missing a single event. Dismissal for culpable conduct requires conduct so serious that continuing the employment cannot reasonably be expected, and summary dismissal under Article 7:677 BW requires an urgent reason. A punitive suspension would itself be difficult to reconcile with Article 7:611 BW.

Which personal circumstances must the employer weigh?

Illness, caring duties, a religious objection to an event centred on alcohol, or a disability that makes the venue unsuitable must be weighed individually under Article 7:611 BW. A rigid attendance rule can also amount to indirect discrimination.

Under the Equal Treatment Act (Algemene wet gelijke behandeling, AWGB), a neutral rule that puts employees of a particular religion at a disadvantage is indirect distinction, unless the employer has a legitimate aim and uses appropriate and necessary means. The Netherlands Institute for Human Rights (College voor de Rechten van de Mens) can give an opinion on such complaints.

What duty of care does the employer have at company events?

Responsibility follows control. Under Article 7:658 BW, the employer must take reasonable measures to prevent harm to employees during their work, and under Article 7:611 BW an employer can also be liable for harm during activities it organised and encouraged.

Under Article 3(2) of the Working Conditions Act (Arbeidsomstandighedenwet), the employer must have a policy to prevent psychosocial workload, which includes harassment and unwanted behaviour. Incidents at company parties are a frequent source of complaints. Clear rules of conduct, a limited free bar and arranged transport home are therefore risk management as much as hospitality.

Wat moet jy as werknemer nagaan?

• Is the event purely social, or does the programme have a concrete business purpose?
• Was attendance announced in writing as compulsory, and was the purpose explained?
• Have you raised your objection or personal circumstances in writing before the date?
• Are the hours treated as working time, and does your contract or cao provide for pay?
• If a warning or wage deduction follows, have you objected in writing and asked for the legal basis?

Wat moet jy as werkgewer nagaan?

• Have you decided in advance whether the event is part of the job?
• If it is compulsory, have you stated the business purpose and that the hours count as working time?
• Does the schedule respect the 11-hour daily rest under Article 5:3 ATW?
• Do you have a written fine clause that meets Article 7:650 BW before imposing any fine?
• Have you weighed individual objections, such as care duties, health or religion?
• Are rules of conduct, alcohol and transport arranged for the event?

What can we do for you with compulsory company events?

ons werksadvokate advise on instructions, sanctions and working time. Background is available in our overview of arbeidswetgewing, Ons arbeidsreggidse en op ons ontslagprokureur bladsy.

• We assess whether an attendance instruction falls within Article 7:660 BW.
• We draft your written objection to a warning or a wage deduction.
• We review fine clauses and staff handbook rules against Articles 7:650 and 7:651 BW.
• We draft event and attendance policies that respect working time and rest periods.
• We assess whether an attendance rule is indirectly discriminatory under the AWGB.

Opsomming

• An employer cannot make a purely social event compulsory; Article 7:660 BW covers only the work and good order.
• An event with a real business purpose can be compulsory, but the hours then count as working time.
• Fines require a written clause under Article 7:650 BW, and wage deductions are restricted by Articles 7:631 and 7:632 BW.
• Missing one event does not justify suspension or dismissal.
• Raise objections in writing before the event.

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