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

Dutch Court Allows Booking.com to Require 40% Office Attendance for Employees

Amsterdam Court Ruling on Booking.com's Office Attendance Policy

AMSTERDAM, Oct 28 (Reuters) - 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.

Rationale Behind the Court's Decision

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.

Current Employee Office Attendance

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

Legal Dispute with Works Council

• 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

Details of the New Policy

• 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

Reactions to the Ruling

Booking.com's Response

• 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

Works Council's Response

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

Reporting and Editing

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