Proposed requirement by the Dutch legislator: Employers must have a code of conduct

Introduction

In a nutshell, the bill will introduce an obligation for employers with ten or more employees to have a code of conduct on unwanted behaviour. Furthermore, the bill gives substance to the policy that employers must implement to prevent or limit unwanted behaviour and clarifies what constitutes unwanted behaviour.

The explanatory memorandum indicates that:

• A code of conduct is an effective and accessible measure to counteract unwanted behaviour.
• Drafting a code of conduct and regularly bringing it to attention has a preventive effect. It ensures that every company engages in discussions about how people want to interact with each other.
• Additionally, a code of conduct provides clarity on what constitutes wanted and unwanted behaviour. This contributes to a workplace culture where it is natural to address each other’s behaviour.

Current legal framework

• Preventing unwanted behaviour in the workplace is a legal duty of the employer. This falls under the (open) standard of 'good employment practices' (Article 7:611 of the Dutch Civil Code).
• The employer must also ensure a safe working environment (Article 7:658 of the Dutch Civil Code).
• The Working Conditions Act obliges employers to combat unwanted behaviour at work. Employers are obliged to implement a working conditions policy to prevent or limit psychosocial workload (PSA) (Article 3(2) of the Working Conditions Act). PSA relates to stress that arises as a reaction to unwanted behaviour and excessive workload. The unwanted behaviour that falls under PSA includes bullying, aggression and violence, discrimination, and sexual harassment.
• Employers must draw up a risk inventory and evaluation (RI&E). In the RI&E, employers must map out the labour risks and draw up an action plan, specifying the measures they will take to prevent or limit the mentioned labour risks (Article 5, third paragraph, of the Working Conditions Act and Article 2.15 of the Working Conditions Decree).

Content of the code of conduct

Following the bill, the code of conduct must include:

• A concrete definition of the various unwanted behaviours. This should at least include direct or indirect discrimination, sexual harassment, aggression and violence, and bullying. The code of conduct must provide examples of these behaviours so that employees can form a clear picture of the behaviours mentioned in the code of conduct. This contributes to the clarity and comprehensibility of the code of conduct.
• The code of conduct must also contain a description of the measures that follow a violation of the code (sanction policy). The legislator has indicated that it is logical for employers to use a so-called sanction ladder, consisting of a series of increasingly severe sanctions.
• Where employees can go if they encounter unwanted behaviour. For example, a confidential advisor or the possibility to make a report or file a complaint.

To ensure that the code of conduct aligns well with the organisation and that employees endorse the code of conduct, employers must involve employees in the drafting of the code of conduct (via the works council, employee representation, or employee meeting).

The employer must communicate the code of conduct and provide adequate information.

Implementation

From the date on which this law comes into effect (aimed at 1 July 2026), companies are required to have a code of conduct that has already been approved in the prescribed manner by the works council, employee representation or has been consulted with the affected employees.

Osborne Clarke comment

Employers should review their existing code of conduct or establish one. Since drafting a code of conduct takes time, employee input needs to be considered and/or works council's prior consent is required, and companies are required to comply with the bill per 1 July 2026, it is essential to start this process in a timely manner.

The employment team at Osborne Clarke can help clients with further advice on updating an existing code of conduct or implementing one.