Employers: which obligations to your staff are mandatory?

As an employer, you have obligations to your staff. For example, you must ensure a safe workplace, and you are not allowed to refuse a notification of illness. Draw up clear policies to create clarity for both you and your employees. This also shows your compliance. In this article, you will read which policies are mandatory and which are recommended.

A policy is a set of decisions and measures to achieve a certain goal. They are guidelines that set out the values and expectations for behaviour within an organisation. Some policies are mandatory. Others are recommended and often build on a mandatory policy. This overview shows what employers must comply with and which policies are recommended.

Mandatory policies

Health and safety policy

A health & safety policy (arbobeleid) is mandatory for all employers.

Here you set out the working conditions for your employees so they can work safely and healthily. For example, by appointing one or more health and safety officers. You agree on the minimum requirements for safe and healthy work with a Health & Safety service (arbodienst) or company doctor. A good health & safety policy leads to sustainable employability.

Risk Inventory and Evaluation (RI&E)

The Risk Inventory and Evaluation is mandatory for businesses with at least one employee. This also includes trainees, volunteers, hired workers, and temporary workers.

The RI&E is part of your health & safety policy. You identify the risks in the workplace and draw up an action plan to limit these risks. Examples of risks are lifting or carrying heavy objects. But also stress or discrimination in the workplace. These can lead to physical and psychological strain.

Psychosocial workload (PSA policy)

 A PSA policy is mandatory under the RI&E. This policy is to prevent physical, psychological, and social (health) complaints such as work-related stress. You must prevent your employees from having excessive physical activity or strain. For example, by applying appropriate working methods and ergonomically designed workstations. And you must prevent your employees from experiencing psychosocial strain. That includes examining the causes and taking measures. This policy is included in your RI&E.

Absenteeism policy and protocol

Having an absenteeism protocol is mandatory under the Wet verbetering poortwachter, Wvp (Eligibility for Permanent Incapacity Benefit Restrictions Act, in Dutch). An absenteeism protocol sets out how you, deal with employees who are unable to work. For example, due to illness or incapacity for work. The protocol contains the process description of how and to whom employees report sick. And when you register an employee as sick with the Employee Insurance Agency (UWV).

You can make this mandatory protocol part of a larger, recommended absenteeism policy. This contains specific information about your business or industry. For example, if your employees work in an office, what do you do to encourage exercise, or how do you prevent stress?

Recommended policies

Safety policy

A safety policy is not mandatory, but you can make it part of the mandatory RI&E. A safety policy is specifically aimed at the physical safety of your employees. Such as preventing workplace accidents and providing safety clothing.  This policy applies to high-risk work in places with a high safety risk. For example, on a construction site, in factories, or at installations, with risks of explosion, fire, or personal injury. Clients may require you to have a Safety Checklist for Contractors (SCC) certificate.

Sustainable employability policy

By ensuring a healthy and safe workplace as required by the RI&E, your employees will remain sustainably employable. But you can elaborate on that by drawing up a sustainable employability policy that ensures long-term healthy, productive, and engaged employees who enjoy working for your company. Think about offering extra training opportunities, a suitable office chair, or free fruit at work. You can include these policies in your staff policy and RI&E.

Prevention policy

A prevention policy is not mandatory but it is strongly recommended as it supports the mandatory health and safety officer. This policy aims to protect and promote employee health. It helps the health and safety officer prevent illnesses and identify potential (health) problems.

Staff policy

A staff policy is recommended. While good employer practices are mandatory, a staff policy can support this. It can also help with retaining staff. Staff policy is the collective term for how you deal with recurring issues concerning employees in practice. For example, development, payment, and working hours.

Good employer practices

Good employer practices (goed werkgeverschap) are mandatory by law. This means you must comply with the legally required policies to create safe and healthy working conditions for your staff. In addition to the policies listed above, an employer is free to set up policies on topics they consider important. Think of policies around working from home or inclusion and diversity. This shows that you want to take good care of your staff. This increases job satisfaction, can reduce sick leave and absenteeism, and provides clarity and direction for you and your staff. An employee handbook is a good tool for communicating these agreements.