On 18 February 2025, State Secretary Nobel (Participation and Integration) launched the internet consultation for the Draft Bill on the Code of Conduct for Unwanted Behaviour (Gedragscode ongewenst gedrag). This proposal is part of the National Action Program on Tackling Sexual Harassment and Sexual Violence (Nationaal Actieprogramma Aanpak seksueel grensoverschrijdend gedrag en seksueel geweld), which introduced several measures in 2023, including the mandatory implementation of a code of conduct. Unwanted behaviour includes sexual harassment, discrimination, bullying, aggression, and violence in the workplace.
The draft bill
Under the Working Conditions Act (Arbowet), employers are required to ensure a safe work environment and to reduce employees’ psychosocial workload. Psychosocial workload refers to stress caused by factors such as excessive work pressure or inappropriate behaviour at work.
Currently, employers can determine their own measures to address unwanted behaviour. The draft bill, however, requires employers with ten or more employees to establish a written code of conduct to ensure compliance with their legal responsibility to prevent and manage such issues.
Content of the code of conduct
The code of conduct must include:
- A definition of unwanted behaviour;
- Clear examples of behaviours that are always considered unacceptable;
- Steps employees can take if they experience unwanted behaviour;
- Measures and sanctions for violations of the code of conduct;
- The designated contact person for questions or concerns regarding the code.
Employers must also ensure that all employees have access to the code and are properly informed on its contents and changes, if necessary.
Purpose of the Draft Bill
The code of conduct aims to promote a socially safe work environment for all employees. Legislators view a code of conduct as an effective and accessible tool for preventing unwanted behaviour. Establishing clear guidelines and consistently reinforcing them fosters a proactive approach to workplace conduct. It encourages discussions about behavioural expectations within organizations and provides clear distinctions between acceptable and unacceptable behaviour. Furthermore, a code of conduct helps cultivate a workplace culture where addressing inappropriate behaviour is standard practice. This proactive approach can prevent escalations and is expected to mitigate the negative effects of undesirable behaviour, such as stress, absence, and strained workplace relationships.
Next Steps in the Legislative Process
After the internet consultation closes on 23 March 2025, the cabinet will decide whether to submit the bill, possibly with revisions, to the House of Representatives. The proposed implementation date of the bill is 1 July 2026.