Good Employee Practices in the Netherlands (Goed Werknemerschap)

Eva Jongepier - employment lawyer in the Netherlands
April 23rd, 2026

Good Employee Practices (Goed Werknemerschap) in the Netherlands

Article 7:611 of the Dutch Civil Code imposes on the employee, as well as the employer, a duty to behave as a goed werknemer - a good employee. While much of the case law focuses on the employer's obligations under this article, the employee-side duty is equally important and is invoked in a wide range of disputes, from disciplinary proceedings to claims for additional compensation.

The goed werknemerschap norm is an open standard that courts apply contextually. In general, it requires employees to:

Follow reasonable instructions from the employer (Article 7:660 of the Dutch Civil Code), even if not strictly within the letter of the job description, provided the instructions are lawful and not unreasonable.
Report for work reliably and punctually, and notify the employer promptly of any absence (see sick leave notification obligations).
Act in the employer's interest when performing their duties, including protecting confidential information, company assets, and the employer's reputation.
Cooperate with reasonable reintegration efforts during sick leave, as required by the Wet verbetering poortwachter.
Accept reasonable proposals for changes to employment conditions when circumstances genuinely require it (Stoof/Mammoet doctrine).

Consequences of failing the goed werknemerschap standard in the Netherlands

An employee who consistently fails the good employee standard may face disciplinary measures, including warnings and ultimately dismissal on the ground of culpable conduct (e-grond) or a disrupted working relationship (g-grond) under Article 7:669 of the Dutch Civil Code. Where the employee's own seriously culpable conduct (ernstige verwijtbaarheid) caused the dismissal, the employer need not pay the transitievergoeding (transition payment) and may also seek damages for any loss caused.

The good employee obligation also limits the employee's ability to claim billijke vergoeding (fair compensation): if the employee contributed significantly to the situation that led to dismissal, courts reduce or deny this additional compensation. Employees should therefore document their own compliance with instructions and cooperative conduct throughout any dispute. For the employer-side equivalent, see good employer practices. For dismissal consequences, see termination of employment and consult an employment lawyer in the Netherlands.

The good employee standard of Article 7:611 of the Dutch Civil Code has been used by courts to require employees to cooperate with reasonable employer instructions and to accept adaptations to working conditions in cases of partial incapacity under Article 7:660a of the Dutch Civil Code. The Supreme Court has held that courts cannot one-sidedly place the burden of change on the employee, but where the employer acts in good faith and the proposed change is reasonable, the good employee principle will require acceptance of that change.

Frequently Asked Questions

Can an employee refuse an instruction from their employer?

An employee may refuse instructions that are unlawful, that require them to act against their professional ethical code, or that are disproportionately unreasonable. Refusal of a lawful and reasonable instruction, however, is a breach of the good employee obligation and can lead to warnings and ultimately dismissal. The line between reasonable and unreasonable is fact-specific and often litigated.

What is 'seriously culpable conduct' and why does it matter for the transition payment?

Ernstige verwijtbaarheid (seriously culpable conduct) is the threshold at which the employee forfeits the statutory transition payment. Examples include persistent refusal to cooperate with reintegration, theft, fraud, or gross negligence causing significant harm. The bar is deliberately high - ordinary underperformance or one-off mistakes do not reach this level. Employers must prove seriously culpable conduct; courts do not presume it.

Is an employee required to accept a lower-paying position during reintegration after sick leave?

As part of the good employee obligation, an employee on sick leave must cooperate with suitable reintegration work (Article 7:658a of the Dutch Civil Code). Suitable work need not be at the same level or pay as the original position; it is work that the employee is medically capable of performing. Refusal of genuinely suitable work without good reason can lead to suspension of sick pay. However, the employer cannot use reintegration to impose a permanent demotion without going through the proper process.

Does the good employee obligation survive termination of the employment contract?

Most obligations cease on termination. However, contractual post-employment obligations - confidentiality, non-competition, and non-solicitation clauses - continue to bind the employee after departure. The good employee norm underpins the interpretation of these clauses: an employee who undermines their former employer's business in ways not explicitly covered by a clause may still face liability if the conduct is plainly contrary to what a reasonable former employee would do.