Legislative act introducing a mandatory Code of Conduct on undesirable behaviour

Under the proposed legislative act, organisations employing ten or more employees will be required to adopt a formal code of conduct addressing undesirable behaviour in the workplace. This requirement builds on employers’ existing obligations under the Working Conditions Act (Arbeidsomstandighedenwet), which already requires employers to implement policies aimed at preventing and mitigating psychosocial (i.e. mental) workload. Preventing undesirable behaviour is one of the elements covered by this statutory duty.

Currently, employers have discretion in determining which measures they adopt to meet this obligation. The proposed legislation removes part of that discretion by making the introduction of a code of conduct mandatory, thereby partially standardising how employers must fulfil their legal responsibility to prevent or limit undesirable behaviour.

The code of conduct must clearly specify which forms of behaviour are considered unacceptable within the organisation. In addition, it must describe the procedure for reporting incidents, ensuring that employees are aware of how and where they can raise concerns.

Subject to approval by both the House of Representatives and the Senate, the new legal requirement is aimed to enter into force on 1 July 2026. However, based on the current legislative process, it is anticipated that this timeline may not be met and that the entry into force could be deferred.