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ARTICLE · 19 NOVEMBER 2021

Get The Tape Rolling…

Littler Mendelson
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It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure...

NetherlandsEmployment and HR
Dennis Veldhuizen
Dennis Veldhuizen
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It is becoming increasingly common for employees in the Netherlands to record the smartphone conversations they have with their employers in order to collect evidence, exert some pressure, or for use in court proceedings, including for dismissal. That is what had happened in a court case at the end of October in the Sub-District Court of Alkmaar.

The case

The hotel and conference centre employer applied to the Sub-District Court for consent to terminate the employment contract of a chef following (among other matters) a difference of opinion on whether to record a meeting about his attitude and performance. The court terminated the chef's employment contract, although it did not find his actions to be seriously culpable. Employees are entitled to record a conversation with their employer without prior consent, provided they confirm, when asked, that they are recording the conversation. The chef appeared to have done so in this case.

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