Do You Have to Be Available to Your Employer After Hours?
Still answering work messages after hours?
Many employees feel they have to stay available outside their official working hours. Research shows that one in five young Dutch workers is expected to always be reachable by their employer, even in their free time. But what does the law actually say? Can you simply respond, “Don’t call me”? And what if this constant pressure starts to affect your well-being?
No legal 'right to disconnect' in the Netherlands
Unlike in France, Dutch law does not (yet) provide a formal ‘right to disconnect’ a legal right for employees to be unreachable after work. And no such law is expected anytime soon. However, this doesn’t mean your employer is free to contact you at all hours without limits. Other legal principles still offer important protections.
Sector-specific CAOs may include rules on availability
Even though no general law exists, some collective labour agreements (CAOs) already include rules about off-hours contact. In sectors such as home care, childcare, disability care, and nursing, the CAOs state that employees have the right to rest and should not be disturbed during days off or holidays.
If your work falls under such a CAO, you can directly rely on those rules. If your CAO does not mention availability, general principles like good employer conduct and working conditions still apply.
Good employer conduct sets clear limits
Under Dutch civil law (Article 7:611 BW), employers must act as good employers. This includes respecting your private life and avoiding unnecessary contact outside work hours. A one-off emergency message might be acceptable, but frequent interruptions during your personal time can be legally problematic — especially if they lead to stress, fatigue, or a disrupted work-life balance.
Occupational health law requires rest and recovery
The Working Conditions Act (Arbowet) requires employers to limit psychosocial workload (PSA), which includes stress, work pressure, and insufficient rest. If constant after-hours contact is preventing you from recovering properly, this is not only disruptive — it’s a potential health risk. Employers are responsible for ensuring a safe and healthy work environment, even when you’re off the clock.
What to do if your employer keeps contacting you
If you feel like you're never truly off duty, consider the following steps:
Talk to your employer. Explain that you need time to rest and unwind.
Check whether your CAO includes rules about availability.
Track your work pressure — for example, with a journal or log.
If needed, involve HR or your works council.
In more persistent cases, it may help to point out the employer's legal duty of care, or to notify the occupational health service or company doctor.
Conclusion
Although the Netherlands does not have a statutory ‘right to disconnect’, you are still protected against unreasonable work-related contact after hours. Employers must act responsibly and respect your right to rest. If off-hours work pressure leads to mental health complaints or prevents recovery, it’s time to act. Address your employer’s responsibilities — and know that you are not alone.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of employer’s responsibilities. Feel free to get in touch.
June 2025
