Relocation Clause in Dutch Employment Law

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

Relocation Clause (Verplaatsingsbeding) in Dutch Employment Law

A verplaatsingsbeding is a contractual clause providing that the employer may require the employee to perform their work at a different location - whether a different office, city, or country - as a condition of employment. The relocation clause is relevant in a variety of practical situations: corporate restructuring concentrating operations in one location, merger integration, or simply a business decision to move premises. Its enforceability depends on the interplay of contractual drafting, the goed werkgeverschap norm, and the applicable cao.

Under Dutch law, an employer generally has discretion to direct where work is performed (the instruction power, Article 7:660 of the Dutch Civil Code), within the bounds of reasonableness. A relocation clause formalises and extends this discretion. However, even with a valid relocation clause, the employer must exercise the right reasonably and in good faith. Requiring an employee with young children to relocate to another country on two weeks' notice, for example, would likely be found to violate Article 7:611 of the Dutch Civil Code regardless of the contractual language.

Requirements for a valid relocation clause under Dutch law

Written agreement: The clause should be included in the employment contract or a separate written agreement.
Scope: The clause should specify the geographic range of potential relocation - within the Netherlands, within the EU, or worldwide. An unlimited global relocation obligation is subject to heightened reasonableness scrutiny.
Notice: Adequate notice of a required relocation must be given. Courts assess what is reasonable in light of the impact on the employee's personal circumstances.
Cost reimbursement: The employer must reimburse reasonable relocation costs. A clause that requires relocation without cost reimbursement will be found unreasonable.

Employee refusal and consequences under Dutch law

An employee who refuses a reasonable and lawfully invoked relocation instruction may face disciplinary measures. Continued refusal can give grounds for dismissal, though courts assess the proportionality of dismissal in the specific circumstances - including family situation, housing, and the availability of alternatives. Employees should seek advice before refusing a relocation. See related pages on change of employment conditions and good employer practices. Consult an employment lawyer in the Netherlands for specific relocation disputes. Where the employment contract contains a written provision expressly authorising unilateral alteration of working conditions including the place of work, Article 7:613 of the Dutch Civil Code provides that the employer may only invoke this clause if it has such a weighty interest in the alteration that, by standards of reasonableness and fairness, the employee's countervailing interest must yield. For all other cases, the Hoge Raad applies the standard of Article 7:611 of the Dutch Civil Code (goed werkgeverschap): the employee is only justified in refusing a proposed change if acceptance cannot in all fairness be required from them, taking into account the employer's genuine business reasons and the proportionality of the proposed change.

Frequently Asked Questions

Can an employer require an employee to relocate abroad?

Yes, if the employment contract contains a sufficiently clear relocation clause and the employer exercises the right reasonably. An international relocation has a greater impact on the employee's personal circumstances than a domestic one, and courts apply a stricter proportionality test. The employer must give adequate notice, reimburse costs fully, and consider whether the employee has special personal circumstances (such as a disabled family member requiring local care) that make relocation genuinely impossible.

What relocation expenses is the employer required to cover?

At minimum, the employer must cover reasonable and documented relocation costs: professional moving services, temporary housing during the transition, school fees for children if relocating internationally, and travel costs incurred in searching for new accommodation. Many employment contracts and cao provisions specify relocation allowances. Where the employer's policy is silent, the good employer norm requires proportionate reimbursement.

Can an employee claim constructive dismissal if forced to relocate?

If the employer requires relocation without a contractual basis or in breach of the good employer norm - for example, on very short notice to a location that would require ending a spouse's employment and withdrawing children from school - the employee may argue that continued employment is impossible and seek a settlement or court dissolution on the g-grond (disrupted relationship). Whether this succeeds depends on the specific facts, including what alternatives the employer offered.

Does a relocation clause affect the employee's commuting cost reimbursement?

Potentially yes. If the employer relocates the workplace and the employee's commuting costs increase significantly, the existing travel allowance arrangement may need renegotiation. Under the good employer norm, the employer should address the cost impact of the relocation proactively rather than leaving the employee to absorb a large increase in commuting costs. This is particularly relevant where the employee was specifically recruited for a role at a specific location.