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Dutch court allows Booking.com to require 40% office attendance

Dutch court allows Booking.com to require 40% office attendance

- An Amsterdam court ruled on Wednesday that it is not unreasonable for Booking.com to require employees to spend at least 40% of their working time in the office, granting the company permission to implement the policy.

The court found convincing Booking.com's argument that in-person contact promotes team cohesion, training and development, and effective collaboration, and that mandatory attendance is a reasonable means to achieve that, in part because a voluntary arrangement had failed.

  • Only 27% of employees currently meet the 40% office threshold under the existing voluntary arrangement

  • Booking.com sued its works council after it refused to consent to the new policy; under the Works Councils Act, a court may grant permission if it deems the council's refusal unreasonable

  • The court ruled the works council could not reasonably have withheld its consent, weighing Booking.com's managerial discretion and its right to give employees reasonable workplace instructions

  • The policy includes a six-month transition period and a hardship clause for employees who face genuine difficulties; an earlier proposal had called for 50% to 60% mandatory attendance

  • The court said Booking.com must continue to ensure sufficient workstations so every employee who comes to the office has a place to sit

  • Booking.com said it welcomed the ruling. "Moving from a recommendation to a standard of an average of two days in the office per week is not a fundamental shift, but rather a refinement of our existing policy," a spokesperson said

  • The spokesperson added that Booking.com plans to continue a constructive dialogue with its works council and employees as they move forward with the implementation of the policy

  • The works council did not immediately reply to a request for comment


(Reporting by Charlotte Van Campenhout; Editing by Xevi Fontdegloria)

((Charlotte.VanCampenhout@thomsonreuters.com; X: @CVanCampenhout / bsky:@charlottevc.bsky.social;))

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