Booking obtains court approval for mandatory 40 percent office policy

On 28 October 2026, the Amsterdam sub-district court granted Booking substitute consent to require employees to spend at least 40 percent of their working time at the office (ECLI:NL:RBAMS:2026:10590). The works council had refused its consent under Article 27 of the Dutch Works Councils Act.

The facts

Since July 2023, Booking had encouraged employees to be at the office for at least 40 percent of their working time. Only 27 percent of staff followed that guidance. During consultations with the works council, Booking reduced the desired presence from 50–60 percent to 40 percent, with a six-month transition period.

The ruling

The court held that, for the reasonableness test, it is not decisive whether the policy is necessary. Booking “undoubtedly has a reasonable interest” in collaboration, knowledge sharing and onboarding new employees. Travel time, costs and care responsibilities do not outweigh that interest, so the works council’s refusal was unreasonable. Booking must, however, create extra workspaces where needed. Monitoring is part of an obligation but must be proportionate; whether managers may view access-pass data will first be examined with the works council.

What does this mean?

• A mandatory office policy requires works council consent, but an employer with a reasonable interest can obtain substitute consent from the court.

• A careful consultation process in which the employer is willing to move counts in its favour.

• How compliance is monitored deserves separate attention, from a privacy and co-determination perspective.

This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.