Workplace Harassment in the Netherlands

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

Workplace Harassment (Intimidatie / Ongewenst Gedrag) in the Netherlands

Dutch law addresses workplace harassment (intimidatie and ongewenst gedrag) through a combination of employment law, occupational health and safety law, and anti-discrimination legislation. Harassment in the workplace encompasses sexual harassment (seksuele intimidatie), bullying (pesten), aggression, and discrimination-based harassment - all of which the Arbobesluit classifies as forms of psychosocial workload (psychosociale arbeidsbelasting, PSA) that employers must actively address.

The employer's obligations flow from multiple sources:

Arbowet / Arbobesluit: Employers must identify PSA risks in the Risico-inventarisatie en -evaluatie (RI&E) and implement measures to prevent and address them. This includes adopting an anti-harassment policy and making it available to all employees.
AWGB and WGB m/v: Harassment based on a protected ground (sex, race, religion, disability, etc.) constitutes discrimination under the equal treatment acts. The employer is responsible for the conduct of employees who harass colleagues on these grounds.
Article 7:658 of the Dutch Civil Code: Employers are liable for psychological damage suffered by an employee as a result of a unsafe work environment if they failed to take the measures that could reasonably be expected to prevent the harm.
Article 7:611 of the Dutch Civil Code: Good employership requires a prompt and adequate response to harassment complaints - ignoring or minimising reports violates this duty.

The confidential advisor (vertrouwenspersoon) under Dutch law

Although not universally mandatory, the Arbobesluit strongly recommends - and the works council can demand - that employers appoint a vertrouwenspersoon (confidential advisor or designated person). The vertrouwenspersoon provides a safe point of contact for employees experiencing harassment or unwanted conduct, receives complaints in confidence, and advises on internal and external remedies. Failure to have any complaints mechanism in place is a PSA compliance failure and evidential disadvantage in any subsequent claim. For related discrimination issues, see discrimination in employment and equal treatment. Consult an employment lawyer in the Netherlands if harassment leads to dismissal or sick leave.

Harassment and sexual harassment are subsumed under "psycho-social work burdens" (psychosociale arbeidsbelasting), which employers must prevent or limit under Article 3(2) Arbowet, giving the Inspection SZW enforcement authority in this area. Article 7:646(5-9) BW provides that an employer may not cause prejudice to an employee who rejects or passively submits to sexual or other intimidation, and victims are protected against victimisation if they invoke anti-discrimination law in proceedings under Article 8a AWGB.

Frequently Asked Questions

Can an employee be dismissed for harassing a colleague in the Netherlands?

Yes. Serious harassment, bullying, or sexual harassment can constitute culpable conduct (e-grond) under Article 7:669(3) sub e BW and may justify dismissal, including summary dismissal (ontslag op staande voet) in the most serious cases. The employer must conduct a proper investigation before deciding on dismissal, and the sanction must be proportionate to the severity of the conduct. An employee accused of harassment has the right to be heard before a decision is made.

What damages can a harassment victim claim in Dutch employment law?

A victim of workplace harassment may claim: (1) damages for psychological injury under Article 7:658 of the Dutch Civil Code if the employer failed its safety duty; (2) compensation for loss of income if the harassment caused sick leave; (3) billijke vergoeding if the employer's failure to act led to a constructive dismissal situation; and (4) non-material damages (smartengeld) under Article 6:106 of the Dutch Civil Code for pain and suffering. Claims can be cumulative and substantial in serious cases.

What should an employee do if HR dismisses their harassment complaint?

The employee should document the complaint and the response in writing and escalate through any available internal channels. If internal remedies are exhausted, they may file a complaint with the College voor de Rechten van de Mens (if the harassment is discrimination-based), report to the Inspectie SZW if the employer has violated Arbowet obligations, or bring a civil claim before the kantonrechter. Consulting an employment lawyer early improves the prospects of a successful outcome.

Is an employer responsible for harassment by third parties such as clients or customers?

Yes, within limits. The Arbowet requires employers to protect employees from aggression and harassment from all sources, including third parties. An employer who knows that employees regularly face harassment from clients and fails to take protective measures - training, protocols, the ability to disengage - may be liable under Article 7:658 of the Dutch Civil Code. The employer does not need to guarantee safety, but must take all measures reasonably possible.