An employee must carry out reasonable instructions about the work under the employer’s right of instruction (instructierecht) in Article 7:660 of the Dutch Civil Code (BW); persistent refusal can justify a warning and, in serious cases, summary dismissal. An instruction that falls outside the agreed work, is unsafe or conflicts with a fundamental right of the employee does not have to be followed.
The decisive word is reasonable. An employer who treats a justified refusal as insubordination usually loses the case before the subdistrict court (kantonrechter).
Table of contents
What instructions may an employer give?
Instructions on how the work is done and on good order in the company. Under Article 7:660 BW, the employee must follow them, even where they are not written in the employment contract.
The right of instruction covers matters directly related to the work, such as tasks and dress code, and matters of good order, such as working hours and conduct. If the employee persistently fails to follow reasonable instructions, that is a refusal of work (werkweigering).
When is an instruction reasonable?
When it can be seen as part of the job, measured against the duty to act as a good employer and good employee under Article 7:611 BW. The circumstances and the interests of both sides decide.
A request to work overtime during a busy period can be reasonable, but not if it would structurally exceed the limits of the Working Hours Act (Arbeidstijdenwet): on average no more than 48 hours per week over 16 weeks. If the employee has a genuine, urgent reason to refuse, there is no refusal of work.
Can an employer change working conditions unilaterally?
Not as a rule. Changes to salary, workplace or other conditions need the employee’s consent.
Under Article 7:613 BW, the exception is a written unilateral-change clause (eenzijdig wijzigingsbeding) combined with such a substantial interest of the employer that the employee’s interest must give way. Refusing a change that does not meet this test is not a refusal of work.
When may an employee refuse an instruction?
When following it would be unreasonable, unsafe or contrary to a fundamental right. The employer must also provide safe working conditions.
An employee does not have to follow an instruction that puts health or safety at risk, for example during pregnancy or while unfit for work. Conscientious objections must be respected where the work can still reasonably be organised differently.
What are common situations in practice?
Disputes often concern an employee who claims to be unfit for work, or who refuses tasks he or she considers outside the job. Where fitness for work is in doubt, wait for the opinion of the company doctor (bedrijfsarts) before treating the absence as a refusal of work.
Other cases are clearer. An example to illustrate: an employee is given time off on condition of being reachable for clients, and then cannot be reached for the whole period.
What can an employer do about a refusal of work?
Respond step by step and in writing. Start with a written instruction stating what is expected and, if the refusal continues, a formal warning.
Under Article 7:678 BW, persistently refusing reasonable instructions can be an urgent reason (dringende reden) for summary dismissal. The dismissal must then be given immediately and with the reason stated. For less serious cases, an ordinary dismissal through the subdistrict court may be possible.
Wage is a separate lever. Under Article 7:628 BW, an employee who does not work keeps the right to wages, unless the reason for not working should reasonably be for the employee’s account. An unjustified, persistent refusal of reasonable instructions falls into that category, so you may withhold pay for the hours not worked.
What should you check as an employer?
- Is the instruction part of the agreed work, or does it change the employment conditions?
- Does the instruction respect working-time limits, safety and the employee’s fundamental rights?
- Have you given the instruction in writing and heard the employee’s objections?
- Has the company doctor assessed fitness for work where the employee claims to be ill?
- Have you documented the instruction, the refusal and the warning, with dates?
What should you check as an employee?
- Is the instruction within your job description and your employment contract?
- Does it put your health or safety at risk, or conflict with a serious conscientious objection?
- Does your contract contain a unilateral-change clause, and does the employer have a substantial interest?
- Have you stated your objections in writing and, where possible, carried out the instruction under protest?
What can we do for you with a refusal of work?
Our employment lawyers advise employers and employees on instructions, refusal of work and dismissal.
- We assess whether an instruction is reasonable under Articles 7:611 and 7:660 BW.
- We draft the written instruction, the warning or the employee’s objection.
- We assess whether a refusal is an urgent reason for summary dismissal.
- We claim wages or defend a wage claim before the subdistrict court.
Summary
- An employee must follow reasonable instructions under Article 7:660 BW.
- An instruction that is unsafe, outside the agreed work or contrary to a fundamental right may be refused.
- Working conditions cannot be changed unilaterally without a written clause and a substantial interest (Article 7:613 BW).
- Persistent refusal of reasonable instructions can be an urgent reason for summary dismissal (Article 7:678 BW).
- Pay may be withheld for hours not worked where the refusal is unjustified (Article 7:628 BW).
Frequently asked questions
Can I dismiss an employee immediately for a single refusal?
Not as a rule. Article 7:678 BW refers to persistent refusal of reasonable instructions. A single, isolated refusal is usually met with a written warning first; only repeated or particularly serious refusal typically supports summary dismissal.
Does an employee have to follow every instruction while a dispute is pending?
In principle yes, unless the instruction is itself unreasonable, unsafe or contrary to a fundamental right. An employee who disagrees should generally carry it out under protest and raise the objection afterwards.
