How to deal with inappropriate behavior in the workplace

Transgressive behavior in the workplace is any behavior that goes beyond the norms and values ​​of the working environment. If we look at current news reports and figures, more attention needs to be paid to this topic. GMW Advocaten explains.

Transgressive behavior in the workplace can occur at any level and at any time – whether it concerns colleagues, managers, employers or customers. It can also occur in different forms, such as physical attacks, (sexual) harassment, verbal abuse and inappropriate comments.

In practice, transgressive behavior can have work-related consequences, such as not being given opportunities for development or promotion and even dismissal. However, in many cases it leads to physical or psychological complaints in the person affected by such behavior.

Your employer has a duty of care

The responsibility lies with the employer to prevent damage to his employees, caused by, for example, (sexual) intimidation, aggression, violence, bullying and unreasonable workload, by taking all reasonable measures.

According to Dutch labor law, an employer has a so-called duty of care. The duty of care requires employers to take the necessary measures to prevent employees from suffering harm in the performance of their duties.

Whether the employer has fulfilled his obligation is assessed on a case-by-case basis. Breach of the duty of care can lead to liability of the employer for material and immaterial damage suffered by the employee.

What you as an employee should take into account

The concept of damage includes both physical and psychological damage – the latter is especially relevant in the context of (sexual) inappropriate behavior.

As an employee, keep the following in mind:

• Document the behavior: Record the incidents, including dates, times, places, people involved and details of what happened. This may help if you decide to take further steps.
• Discuss it and discuss it: If you feel comfortable, you can talk to the person who is guilty of the inappropriate behavior. Sometimes people are not aware of their behavior and a conversation can help.
• Seek support: Discuss what you are experiencing with colleagues or friends. It can help to know that you are not alone and that others have your back.
• Report it to HR or a supervisor: If the behavior continues or you are not comfortable discussing it directly with the person, report it to the HR department or your supervisor. They have the responsibility to ensure a safe working environment, as explained above.
• Use internal procedures: Many companies have protocols for reporting inappropriate behavior. Make sure you are aware of these procedures and follow them.
• Seek outside help: If the situation does not improve or you do not feel taken seriously, consider seeking external help, such as a counselor or legal assistance.
• Know your rights: Get advice about your rights as an employee. As mentioned above, there are laws and regulations that provide protection against discrimination and undesirable behavior in the workplace.
• Consider reporting: For example, in serious cases of intimidation or violence, it may be necessary to report it to the police.

Finally, keep in mind that no one has to be in an unsafe or inappropriate work environment and there are steps you can take to protect yourself.

Do you have a question about inappropriate behavior in the workplace or about employment in the Netherlands in general? GMW Advocaten has a history of advising and assisting expats in the field of Dutch law. Contact them today by calling +31 (0)70 2171935 or by emailing [email protected].