It is highly controversial whether employers will have a legal obligation to talk to their employees about accessibility after hours. The House of Representatives is debating a PvdA initiative law regulating this obligation, but it has been criticized by many.
The background to the proposal is that everyone should be able to enjoy free time without being disturbed, but employees regularly feel that they must always be available and, for example, reply to messages outside of working hours. “This pressure can lead to stress and even burnout complaints,” the private law justification says.
Varies by industry and employee
According to the proposal, employers and employees should discuss accessibility together. It should be verifiable, for example, through a written report, that the interview actually took place. PvdA emphasizes that the discussions may vary according to the sector and company size, as well as depending on the position and the employee. If he leaves the conversation where being available outside of working hours is perceived as stressful, precautions should be taken.
For example, a similar law already exists in France. The PvdA cites British research showing that the average worker has worked around an hour and a half each day in their spare time since the introduction of mobile phones and tablets.
administrative expenses
In any case, D66 and GroenLinks support the plan. But VVD and PVV, among others, are against it. According to the largest ruling party, a link between accessibility and burnout has not been proven, and employers now have a duty to provide a safe work environment. Also, the VVD wants to limit the administrative burden for employers. PVV is of the opinion that an employee already has ample opportunities to inform the employer about availability in his spare time and workload.
CDA and Volt also have many critical questions. The CDA considers that a discussion between employers and employees on this issue is helpful, but the party points out that agreements have been made on this issue in various collective agreements and European regulations have also been drafted. The CDA therefore questions the point in time.
The Council of State has previously voiced its criticisms. The Board is of the opinion that the initiators have not sufficiently demonstrated that the legal requirement for a meeting is necessary. The proposal was tabled by Van Dijk, MP for PvdA, in 2020. After leaving the room, his party colleague Kathmann took over the defense.
Source: NOS
Emma Fitzgerald is an accomplished political journalist and author at The Nation View. With a background in political science and international relations, she has a deep understanding of the political landscape and the forces that shape it.
