Remote Working in the Netherlands: A Practical Guide for International Employees and Employers

Remote and hybrid working have become a standard expectation for many international professionals. But what are the legal rights and responsibilities of employers and employees in the Netherlands? This practical guide explains the key issues surrounding remote working, including requests to work from home and working temporarily from abroad. 

Remote and hybrid working have become an important part of working life in the Netherlands. For many international professionals, flexibility is no longer just a nice extra. It can be one of the factors that determines whether they accept a job, stay with an employer, or feel able to combine work with family and international ties. 

For employers, offering flexibility can be a valuable way to attract and retain international talent. At the same time, remote working also raises legal and practical questions. Does an employee have a right to work from home? Can an employer refuse a request? And is working remotely from another country the same as working from home in the Netherlands? 

The short answer is: not always. 

No automatic right to work remotely 

Under Dutch law, employees do not have an automatic right to work remotely. Employees may have the right to request a change to their workplace under the Dutch Flexible Working Act (Wet flexibel werken), but that does not mean that every request must be approved. 

In other words: employees have a right to ask, but not always a right to receive. 

For employees, this means that a remote-working request should be made carefully and in writing. It helps to explain why the request is important, how the work can still be performed properly, and how communication, availability and cooperation with colleagues will be safeguarded. 

For employers, it means that such requests should be taken seriously. Even if there is no obligation to agree, employers are expected to consider the employee’s interests and respond in a timely and reasonable manner. 

When can a request be refused? 

Employers may have legitimate reasons to refuse a request to work remotely. For example, the role may require in-person collaboration, customer contact, supervision, onboarding, training or access to certain systems or confidential information. 

Other reasons may relate to team cohesion, data security, communication, or the practical organisation of the work. 

The key point is that a refusal should be explainable. Employers should be able to show why remote working would not work properly in the specific role or situation. For international employees, consistency is also important. Similar requests should, where possible, be treated in a similar way to avoid uncertainty or perceptions of unequal treatment. 

Working from abroad is different 

A common misunderstanding is that permission to work from home automatically includes permission to work from another country. That is not necessarily the case. 

Working from a home address in the Netherlands is usually very different from working temporarily or structurally from another jurisdiction. Cross-border remote work may raise questions about employment law, immigration rules, social security, tax, health and safety, data protection and cybersecurity. 

For employees, this means that it is important to ask for specific permission before working from abroad, even if remote working is already allowed in general. 

For employers, it is wise to distinguish clearly between remote working in the Netherlands and remote working from another country. What may seem like a practical arrangement can have wider legal and compliance implications. 

Health and safety still matter 

Employers remain responsible for providing a safe and healthy working environment, also when employees work remotely. That responsibility does not simply disappear because the work is performed from home. 

This may involve suitable equipment, ergonomic working conditions, clear instructions, data security measures and guidance on safe and healthy working practices. 

Employees also have a role to play. They should use equipment properly, follow instructions, report issues and be transparent about where and how they are working. 

Why a remote working policy helps 

As international recruitment becomes more common, informal arrangements are often no longer enough. One-off exceptions can easily become expectations, especially in international teams where employees may have different views on flexibility, travel and working from abroad. 

A clear remote working policy helps both sides. It gives employees clarity on what is possible and how to make a request. It also helps employers manage requests consistently and reduce legal and operational risks. 

A good policy can include rules on the designated workplace, office attendance, working hours, availability, equipment, health and safety, confidentiality, cybersecurity, and the procedure for requesting permission to work from abroad.

For employees who regularly work remotely or have permission to work from another country, a separate remote working agreement may also be useful. This allows the employer and employee to translate general rules into specific arrangements for that individual situation. 

Conclusion 

Remote working can be a win-win. It can support flexibility, improve employee satisfaction and help employers compete for international talent. 

However, remote working should not be treated as a purely practical matter. Employees should make clear and realistic requests, while employers should have a transparent and consistent framework for assessing them. 

A well-drafted remote working policy is therefore more than an HR document. It is an important tool for balancing flexibility, trust and legal compliance in an increasingly international workplace.