Employer's Duty to Inform: How to Prevent Legal Claims and Costly Mistakes
Why repeated communication protects your company from liability
Employers in the Netherlands are facing an increasingly strict duty to inform their employees. Whether it's about the expiry of vacation days, compliance with safety instructions, or enforcing a zero-tolerance policy, failing to inform employees repeatedly and clearly can expose you to significant legal and financial risks. This blog explains why repetition matters and how to avoid costly litigation and back pay.
Expired vacation days? Not without repeated reminders
Statutory vacation days expire six months after the year in which they were accrued. For non-statutory days, the typical expiration period is five years. But these deadlines are not absolute. According to established case law, including the Max Planck ruling by the European Court of Justice, employers must actively and repeatedly inform employees of the upcoming expiration. If you don’t, the days may remain valid, and you may still owe them upon termination of employment.
Courts in The Hague and the Dutch Supreme Court have confirmed this: a single notice is not enough. Employers must be able to prove that they informed employees annually of their remaining days, when they would expire, and that employees had a real opportunity to take them. Failing to meet this standard could result in thousands of euros in back payments.
Work instructions: not just issued, but repeated and documented
Employers are legally required to ensure a safe working environment. This doesn’t stop at providing protective gear or safe equipment, it also includes clear and continuous instruction. And you must be able to prove that the instructions were repeated and properly communicated.
Dutch case law is increasingly strict on this duty of care. If a workplace accident or injury occurs, the employer must prove they provided adequate and repeated instructions. A single mention or a reference to a manual is not enough. Make sure employees attend safety briefings and keep track, via attendance lists, digital training logs, or signed declarations.
Zero-tolerance policies: clear, repeated, and consistently enforced
A zero-tolerance policy may sound clear: theft or fraud results in dismissal. But without regular communication and consistent enforcement, such a dismissal may not hold up in court. This was shown again in a recent ruling by the North Holland District Court. A worker was fired on the spot for taking food from an aircraft trolley. The employer relied on a zero-tolerance clause in its staff handbook. But the court ruled that the policy had not been sufficiently communicated. The employee was reinstated and awarded back pay and travel reimbursements.
The court held that when a policy has severe consequences, like instant dismissal, the employer must actively and regularly highlight it. If years have passed since the last reminder or if the rules aren’t consistently applied, the policy can backfire. A lack of communication may even invalidate the dismissal altogether.
Conclusion
Employers should take their duty to inform seriously. Whether it’s about vacation expiry, workplace safety, or integrity policies, communication must be regular, documented, and verifiable. Add it to your annual HR calendar, require employee signatures when issuing updates, and repeat both the rules and the consequences of violating them. It’s the best way to prevent legal disputes, damage claims, and reputational harm and to stay in control of your own company policy.
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.
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June 2025
