Being a Good Employer


The labor look for employers and employees all sorts of rules. Yet it's possible that the law doesn't have a clear answer to a certain question.

A section of the law stipulates that the employer must act as a 'good employer'. This is important if you're - in the eyes of an employee - not a good employer. His lawyer then tries to substantiate this with one or more principles that are part of being a good employer. Below you'll find a definition of those principles, followed by practical examples.

pay attention

The law also stipulates that the employee must behave as a good employee. But employers are charged more if they don't behave as good employers. As an employer you have a stronger position.

6 principles of being a good employer

With the principles of being a good employer, an attempt has been made in case law to make the vague concept of being a good employer more concrete. Because these are just principles, the judge always looks at the circumstances of each specific case. Yet it's good to be aware of it.

The 6 principles of being a good employer:

1. Be careful

As an employer, you must behave carefully towards employees. That's why the principle of due care is sometimes used.

You can split this principle into the following sections:

- Obligation to investigate:
With far-reaching decisions you must investigate which relevant facts and interests play a role.
- Hearing
obligation : This obligation means that you must consult with an employee about major decisions and must respond to any objections.
- Proportionality:
With far-reaching decisions, you must not only take your own interests as an employer into account, but also take those of the employee into account.

2. Don't abuse your position

You can't abuse the stronger position that you have as an employer. That means that your employees shouldn't get the feeling that they are completely at the mercy of your will.

3. Motivate major decisions

You must clearly motivate a radical decision. This way you give employees the opportunity to offer a defense. For example, if you put an employee on hold or transfer to another department, you have to substantiate this well.

4. Make expectations come true

Employees have certain expectations of an employer. As an employer, you must take these expectations into account and your employees must be able to trust that you'll fulfill them. This is therefore also called the principle of trust.

5. Treat employees equally

This principle assumes that you must treat employees equally. That's why we also refer to the principle of equality. On the basis of this, you may not (without good reason) make a distinction between male and female employees. Also called including being an employer.

6. Ensure proper insurance

The case law of recent years shows that, as a good employer, you also have to ensure good accident insurance that compensates employees for damage after an accident. This concerns insurance for accident damage that's related to work, a business trip or a personnel activity.

Examples of being a good employer

Good employment practices - or the absence thereof - play an important role in labor law. Some examples of practical situations:

- Canceling a bonus: An employer who has paid a bonus to an employee for many years can't simply cancel the payment of that bonus. Exceptional circumstances must apply to such a unilateral change.
- Accident during a business trip: If an employee happens to have an accident, you're increasingly also liable for damage in situations where you could not exercise influence as an employer. For example with an employee who has an accident during a business trip. In such cases, without proper insurance, the employer can pay for the damage.
- Immediate dismissal: During an instant dismissal you're obliged to conduct research and to gather sufficient information. If you fail to do this, the court may regard this as a bad employer. As a result, he can cancel the dismissal, so you still have to admit the employee to the workplace.

Other forms of being a good employer

The term being a good employer is also used in a broader sense. This means that you take good care of your employees. For example, by stimulating the sustainable employability of employees, paying an appropriate salary, supporting the work-life balance and providing a safe working environment.

Being a good employer is a must for every employer. Do you want to know what else is important? Then do the checklist; Are you ready for (more) staff?

Training obligation

The Work and Security Act contains a training obligation. This is an addition to the concept of being a good employer. The duty is to ensure that employers train their staff more through education, training or courses.

If an employee is of the opinion that he / she doesn't receive sufficient training, it's possible that he will sue his employer or even go to court.

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