Netherlands flag

Netherlands

The Netherlands have reached the Men’s World Cup final three times: 1974, 1978 and 2010.

Johan Neeskens scored in the 1974 final after 88 seconds.

The Netherlands stunned the holders Spain 5–1 at the 2014 Men’s World Cup.

No team in World Cup history has finished as runners-up more often without ever winning the tournament than the Netherlands.

Contributing firm

Bosselaar Strengers Legal Partners

Contacts

Bart Duijs (Partner), Lotte Sophie de Wijs (associate)

Workplace Q&A

1 What actions may an employer take if:

a) an employee is absent from work without authorisation because they were watching the World Cup?

Pay may be withheld for hours not worked. Repeated unauthorised absence can lead to dismissal, but employers must first issue formal warnings. Summary dismissal (termination for an urgent cause) requires a serious breach and is considered a last resort in Dutch employment law.

b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?

Fraudulent sick leave is considered serious misconduct and can justify immediate dismissal, subject to proper investigation.

c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?

Breathalyser tests are permitted if proportionate to legitimate business interests and if the regulation of these tests is established in advance through employment terms or company policy. Random testing is not allowed except in safety-sensitive roles such as pilots and train drivers.

d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?

Unilateral changes to working hours require a compelling business interest. Minor adjustments for specific matches are possible with employee consent or through consultation. Flexible arrangements are preferable to mandatory changes.

e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?

Pay may be withheld for hours not worked. Use of company resources for watching matches through illegal streaming services or participating in gambling can lead to disciplinary action up to dismissal, depending on severity and repetition, provided IT usage rules are clearly communicated to employees.

f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?

At company-organised events, serious misconduct can result in disciplinary action up to dismissal. For non-company events, sanctions depend on the severity of behaviour and its impact on the employer's legitimate interests.

2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?

There is no statutory right to be off work on national holidays. In sectors where continuity is essential, it is common to (continue) work on national holidays. No general obligation for employers exists to grant an additional payment or substitute leave in such cases. This only arises if it has been agreed upon, either individually or collectively by CLA.

3 Is it lawful for a company’s employees to conduct office pools at the workplace?

Would there be any restrictions on the amount of money to enter or the amount of compensation awarded? As long as the pool is kept within a private circle, i.e. among colleagues, and is not run on a commercial basis, it is permitted to run a pool without a license, even if participants have to contribute a small amount to the prize pool. As soon as the pool is also open to outside participants and is promoted externally, you quickly enter a gr e y area. This is especially true if participants also have to pay to take part. Strictly speaking, this is not permitted. If the organizer is giving away large prizes, it may also be the case that gambling tax is payable. For prizes with a value of €450,- or more, the organizer must withhold gambling tax.

4 May employers prohibit public displays of rival country team colours in the workplace?

Employers may prohibit displays if necessary to prevent a hostile work environment, but must be careful to avoid discrimination based on nationality.

5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?

Unequal accommodations based on gender or nationality can lead to discrimination claims under Dutch equality laws. Employers should maintain consistent policies that apply equally to all employees.

6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?

Set one clear, written “World Cup” approach in advance: how to request time off, whether shift swaps/flex starts are allowed, and what happens with unauthorised absence. Remind employees of alcohol rules and expected conduct at work, and set simple ground rules for any viewing at the workplace (only during breaks, volume, customer-facing areas). Reconfirm IT rules (no streaming/gambling on company systems, security/compliance escalation for illegal activity). Finally, apply the same rules consistently to avoid grievances and equal-treatment issues.