How to deal with transgressive behaviour in the workplace

Transgressive behaviour in the workplace is any behaviour that goes beyond the norms and values of the work environment. Increased attention to this issue is needed, if we look at current news reports and figures. GMW Lawyers elaborates.

Transgressive behaviour in the workplace can occur at any level and at any moment - be it by co-workers, supervisors, employers or clients. It can also occur in different forms, such as physical attacks, (sexual) harassment, verbal abuse, as well as inappropriate comments.

In practice, transgressive behaviour can have employment-related consequences, such as not getting opportunities for development or promotion and even dismissal. In many cases, however, it leads to physical or psychological complaints in the person affected by such behaviour.

Your employer has a duty of care

Responsibility lies with the employer to prevent damage to their employees caused by - for example - (sexual) harassment, aggression, violence, bullying and unreasonable work pressure, by taking all reasonable measures.

An employer has a so-called duty of care under Dutch employment law. The duty of care requires that employers must take the necessary measures to prevent employees from suffering damage in the performance of their duties.

Whether the employer has fulfilled their obligation is judged on a case-by-case basis. A breach of the duty of care may lead to the employer’s liability for material and immaterial damages suffered by the employee.

Things to keep in mind as an employee

The concept of damage covers the physical and psychological - the latter is particularly relevant in the context of (sexually) transgressive behaviour.

As an employee, keep the following in mind:

• Document the behaviour: Record the incidents, including dates, times, places, people involved and details of what happened. This can help if you decide to take further steps.
• Address and discuss it: If you feel comfortable, you can speak to the person engaging in the transgressive behaviour. Sometimes people are unaware of their behaviour and a conversation can help.
• Seek support: Discuss what you are experiencing with colleagues or friends. It can help to know you are not alone and that others support you.
• Report it to HR or a supervisor: If the behaviour persists or you do not feel 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 transgressive behaviour. Make sure you are aware of these procedures and follow them.
• Seek external help: If the situation does not improve or you feel you are not being taken seriously, consider seeking external help, such as a confidential advisor or legal help.
• Know your rights: Seek advice on your rights as an employee. As mentioned above, there are laws and regulations that protect against discrimination and undesirable behaviour in the workplace.
• Consider reporting: In serious cases of harassment or violence, for example, it may be necessary to report it to the police.

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

Do you have a question about transgressive behaviour in the workplace or about employment in the Netherlands in general? GMW Lawyers has a history of advising and assisting expats with Dutch laws. Contact them today by calling +31 (0)70 2171935 or by emailing info@gmw.nl.