Bullying, sexual harassment, discrimination, aggression, and violence by colleagues or supervisors: these are forms of unwanted behavior that (unfortunately) still occur too often in the workplace. This behavior has a significant impact on those involved. With the introduction of a mandatory code of conduct against unwanted behavior, the government aims to ensure a socially safe working environment for all employees.
The proposal for the code of conduct against unwanted behavior went into internet consultation on February 17, 2025. The proposal requires employers with ten or more employees to implement a code of conduct that addresses unwanted behavior in the workplace.
This proposal is part of the National Action Program for Tackling Sexual Harassment and Sexual Violence (Nationaal Actieprogramma Aanpak Seksueel Grensoverschrijdend Gedrag en Seksueel Geweld). In 2023, several measures were announced in this program, including the obligation to introduce a code of conduct.
Content of the Proposal
The proposal requires employers to adopt a code of conduct based on a new article in the Occupational Health and Safety Act.
The code of conduct must, at a minimum, include the following elements:
- a description of what qualifies as unwanted behavior;
- clear and understandable examples of behaviors that are considered unwanted behavior;
- the measures and sanctions that follow in the case of a breach of the code of conduct; and
- the role of the person employees can approach with questions or comments about the code of conduct.
Additionally, employees must be able to review the code of conduct and receive adequate information about its contents.
Consequences of the Proposal
Currently, employers are required by the Occupational Health and Safety Act (Arbeidsomstandighedenwet) to implement policies to prevent psychosocial work-related stress. Unwanted behavior is one of the factors included in psychosocial work-related stress. Employers can currently decide which measures to take. However, this proposal mandates employers to implement a code of conduct.
Internet Consultation
The proposal is available online for public consultation. Anyone can respond to the proposal until 23 March 2025. The intended implementation date is 1 July 2026.
If you have any questions about the proposal or a policy regarding unwanted behavior, feel free to contact us!
