Why are working conditions important, and what are the laws for this?
Working conditions are of great importance to everyone who works. For example, because they have a direct impact on the health and safety of employees, but also because they affect the overall work experience. When employees feel safe and well treated, they work better and are more engaged and motivated. It is therefore not surprising that there are laws to ensure that the working environment meets the right conditions.
Why Are Working Conditions and Related Laws So Important?
One of the most important reasons why working conditions matter is their impact on employees' health and safety. Poor working conditions can lead to various health problems, ranging from physical injuries to mental health issues.
Consider, for example, dangerous machines that are not properly maintained or excessive workloads that cause stress. The Working Conditions Act (Arbowet) plays a crucial role in this regard. This law requires employers to provide a safe working environment in which employees are protected from risks.
Employers must identify risks, take measures to prevent dangerous situations, and ensure that employees can work without endangering their health. The importance of this law cannot be underestimated: employees should be able to focus on their work without constantly worrying about their own safety.
It’s About More Than Just Safety
Employee productivity and motivation are also closely linked to working conditions. Employees who work in a comfortable and safe environment generally feel better and are more motivated to perform well. When employees feel supported, both physically and mentally, their engagement at work increases, which benefits professional development.
This has advantages not only for the employees themselves but also for the employer. A healthy and motivated employee is more productive and contributes to the company’s success. Laws such as the Working Conditions Act exist to protect employees but also to enhance overall productivity. Employers who invest in their employees’ well-being often see direct improvements in their business performance.
Legal Reasons to Ensure Good Working Conditions
There are also significant legal reasons to guarantee good working conditions. Employers who ignore regulations regarding working conditions risk legal complications, fines, and even lawsuits. The Working Conditions Act and other relevant regulations require employers to assess their work environment, minimize risks, and ensure proper workplaces.
If an employer fails to meet these obligations, the Dutch Labor Inspectorate (Nederlandse Arbeidsinspectie) can intervene. The inspectorate has the authority to fine companies, halt work processes, or impose other sanctions if working conditions do not comply with legal standards. Therefore, it is not just a matter of ethics and responsibility but also of protecting the company from legal risks and financial losses.
Feel free to read the blog on important legal aspects for freelancers for more information.
The Working Conditions Act Is the Most Important Law
To put these rules into practice, various laws help employers and employees improve and maintain working conditions. The Working Conditions Act is the most important law that requires employers to ensure a safe workplace. The law mandates that employers, together with an occupational health service, develop policies for healthy and safe working conditions.
This policy should focus on prevention, such as minimizing work-related risks and providing tools for a healthy work environment. Moreover, since the amendment of the Working Conditions Act in 2017, several significant changes have been introduced. For example, a mandatory basic contract for occupational health services now outlines the minimum rights and obligations of employers, employees, and occupational health providers.
Compliance with the Working Conditions Act
Compliance with the Working Conditions Act is monitored by the Dutch Labour Inspectorate. This body ensures that both employers and employees comply with the rules and that there are no dangerous or unhealthy working conditions. If a violation is found, the Labour Inspectorate can impose various measures, from a warning to stopping work or imposing a fine. This shows how seriously the legislation on working conditions is taken and how important it is for companies to comply with the rules.
In practice, companies must therefore pay close attention to the safety and well-being of their employees. Because it is legally required, but also because it contributes to a healthy, productive workplace. Compliance with the working conditions laws is an investment in the success of the company and the well-being of the employees, and that is something that benefits everyone.
The Working Conditions Act is important for every employer
It obliges you to create a safe and healthy working environment for your employees. Failure to comply with this law can lead to fines, lawsuits or other legal complications. But the law offers more than just protection against these risks. It also contributes to the well-being and productivity of your employees.
The aim of the Working Conditions Act is to improve working conditions in the Netherlands, both physically and mentally. This involves preventing accidents or illness, but also promoting the general health of employees. The law places the responsibility for creating a healthy and safe working environment with the employer, and provides a framework of rules and guidelines to put this responsibility into practice.
Tip: also read the article about the law on the allocation of labour intermediaries.
The Occupational Health and Safety Service and the basic contract
As an employer, you are obliged to engage an occupational health and safety service. This can be a certified occupational health and safety service, but you can also opt for a tailor-made arrangement in which you determine which experts you hire. Most employers opt for the safety net arrangement, because it is simpler and offers a standardised approach. Whatever you choose, it is important that you conclude a so-called basic contract with the occupational health and safety service. In this document, you record the working agreements, such as support for absenteeism management, carrying out a risk inventory and evaluation (RI&E), and offering preventive medical examinations (PMO).
The role of the company doctor
The company doctor is an important factor in ensuring healthy working conditions. If an employee reports sick, you as an employer are obliged to report this to the occupational health and safety service. The company doctor is the specialist who guides the sick employee and helps them reintegrate into the workplace. This does not happen just like that; the company doctor looks at more than just the employee's physical complaints.
He or she will also investigate the working conditions and assess whether improvements are possible that can accelerate recovery. All this is done with respect for the employee's privacy, as the company doctor must adhere to strict privacy rules, such as the General Data Protection Regulation (GDPR).
The company doctor has various important tasks
This includes providing independent advice to the employer and the employee. This advice is of course aimed at the recovery of the sick employee, but also at preventing absenteeism due to illness. He or she looks at the workload, the working conditions and the well-being of the employee to ensure that there are no unnecessary health risks.
Another important aspect is that the company doctor offers an ‘open consultation hour’ for employees, so that they can seek advice about health complaints related to their work without the employer’s permission. This strengthens the preventive aspect of the Working Conditions Act, because employees can discuss problems earlier before they become serious.
The Risk Inventory and Evaluation (RI&E)
Another mandatory part of the Working Conditions Act is carrying out a Risk Inventory and Evaluation (RI&E). This document is a tool for mapping the risks in the workplace. It helps you to understand where the dangers lie, such as physical risks (for example dangerous machines), but also psychosocial risks (such as work pressure or bullying in the workplace). You must identify these risks, but also take measures to limit or eliminate them completely. As an employer, you are obliged to carry out this inventory yourself, but you can also have it done by an expert.
Preventive Medical Examination (PMO)
The Preventive Medical Examination (PMO) is also an important part of the Working Conditions Act. This examination is intended to assess the health of employees. The aim is to identify any health problems at an early stage, so that they do not worsen and absenteeism or incapacity for work is prevented. The PMO is often carried out by the occupational health and safety service, which provides medical examinations and tests. This may involve measuring blood pressure, cholesterol or other health aspects that are relevant to the working conditions.
The prevention officer
More emphasis has also been placed on the role of the prevention officer. If an employee doubts the advice of the company doctor, he can even request a second opinion.
This employee has the task of ensuring a safe working environment and works on the sustainable employability of employees. Employees have the right to visit the company doctor without permission from their employer, which helps to prevent complaints at an early stage.
The prevention officer is another important role that arises from the Working Conditions Act. This employee is responsible for promoting healthy and safe working conditions in your organisation. The prevention officer must ensure that policies are set up and implemented to prevent work-related health problems. He or she works closely with the company doctor and the occupational health and safety service, and can also be involved in carrying out the RI&E and implementing the measures that result from it. The prevention officer has an important task in creating a healthy working environment and promoting sustainable employability of your employees.