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ARTICLE · 08 NOVEMBER 2024

Addressing Unacceptable Workplace Behaviour: Key Considerations For Employers

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Reports of unacceptable behaviour in the workplace, such as bullying, (sexual) harassment, discrimination, and aggression, have increased in recent years.

NetherlandsEmployment and HR

Reports of unacceptable behaviour in the workplace, such as bullying, (sexual) harassment, discrimination, and aggression, have increased in recent years. Unacceptable behaviour not only impacts the parties involved but also entails obligations for employers as part of their duty of care. Below, we outline several considerations for employers in this regard.

What constitutes unacceptable behaviour in the workplace?

Under the Working Conditions Act (Arbowet), employers are required to implement policies against undesirable conduct to prevent an excessive psychosocial workload (PSA). According to the Arbowet, PSA includes discrimination, sexual harassment, aggression and violence and bullying. Aggression can range from harassment by customers, co-workers, or supervisors to physical violence. Bullying includes excluding, ignoring or teasing others, possibly based on appearance, belief, sexual orientation or age. Discrimination can overlap with bullying and may relate

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