Working from home due to fuel shortages: what is the legal framework?
On 20 April 2026, the national oil crisis plan came into force as a result of fuel shortages caused by the war in the Middle East. This followed recommendations from the International Energy Agency (IEA) and the European Commission. The crisis plan outlines measures suitable for implementation during an oil crisis. Many of these measures relate to limiting petrol and diesel consumption, such as promoting public transport or encouraging working from home. The European Commission also regards the latter as a serious option: it is already advising companies to introduce at least one fixed day of working from home.
This raises questions for many employers. Must an employer agree if an employee wishes to work from home due to high fuel prices or overcrowding on public transport? Can an employer make working from home compulsory to control travel costs and fuel consumption? And what arrangements are needed to prevent temporary working from home from becoming an ambiguous employment condition?
Working from home and the Flexible Working Act
In the Netherlands, there is no general legal right to work from home. However, under the Flexible Working Act, employees may submit a request to adjust the agreed place of work. This right to request is only available to employees who have been employed for at least six months by an employer with ten or more employees. The request must be made in writing at least two months before the desired start date.
As an employer, you are obliged to consider this request and to consult with the employee. You are then free to reject the request, provided that you give written reasons for doing so and respond no later than one month before the request’s effective date. If no response is given in time, the workplace will have to be adapted to the employee’s wishes. It is therefore advisable to draw up a clear policy on this within your organisation so that requests do not remain unaddressed for too long.
Conversely, an employer cannot unilaterally oblige employees to work from home. The workplace is a condition of employment and, in principle, can only be changed with the employee’s consent. In addition, an applicable collective agreement may contain provisions regarding working from home.
Employer’s obligations regarding working from home
Even when an employee works from home, you as an employer have a duty of care. The legal requirements of this duty of care are laid down in the Working Conditions Act. An employer must ensure healthy and safe working conditions at all times. This applies to the workplace, but also to the home workplace. That too must be in order.
For more details on the employer’s duty of care, see my previous blog, in which I outline, among other things, the rights and obligations of the employer regarding working from home.
Reimbursing employees’ travel expenses.
The government has announced plans to increase the maximum tax-free travel allowance from €0.23 to €0.25 per kilometre, with retroactive effect from 1 January 2026. The House of Representatives has yet to decide whether these plans will go ahead. You may offer a higher travel allowance, but the excess amount will then no longer be tax-free.
It is also important to note that an employer may not provide both a tax-free home working allowance and a tax-free travel allowance for the same working day. This also applies if the employee works partly from home and partly at the office on a single day. As an employer, you can decide for yourself whether to apply the tax-free travel allowance or the tax-free home working allowance for that day.
Working from home policy
If you decide that more employees should or may work from home more often, it is advisable to draw up a working from home policy to ensure clear and consistent rules. You can, for example, specify how many days employees may work from home, how requests should be made, safety regulations, allowances, etc.
Revoking the working from home arrangement
A working from home arrangement cannot always be revoked without further ado. Certainly not if working from home has become a structural practice. In that case, you must consult with the employee again and, as an employer, you will need to demonstrate why it is important to reverse the arrangement.
Advice for business owners
Do not wait until crisis conditions force you to find solutions. Start thinking about a working from home arrangement now and align the policy with the collective labour agreement. Also ensure that you fulfil your duty of care regarding the home workplace. This way, you will be well prepared, even if requests come from employees.
Questions
Do you have any questions regarding this article? Our solicitors are ready to advise you! Contact one of our solicitors via email, by phone or fill in the contact form for a no-obligation initial consultation. We are happy to help you find a solution.
