Employment condition, instruction or favour? Four rulings on adjusting without consent
When is something an employment condition, and when is it an instruction or a favour? The answer determines whether an employer can make adjustments without the employee's consent. In our VL Focus on Employment Conditions of October 2026, we list four recent rulings.
Established practice and working from home
The Arnhem-Leeuwarden Court of Appeal held that years of working from Ecuador had not become an employment condition (ECLI:NL:GHARL:2026:5851). The Amsterdam subdistrict court found that working from home was not an acquired right and that the instruction to come to the office on fixed days was reasonable.
Bonus and collective agreement
According to the Amsterdam subdistrict court, Huawei was bound by its bonus regulations: an OTE plan that had not yet been approved was no reason to refuse the bonus (ECLI:NL:RBAMS:2026:10489). And a collective agreement that applied through a dynamic incorporation clause continued to apply after a takeover.
Practical tips
Record what is an employment condition and what is an instruction or favour.
Set targets and bonus plans in good time and regulate what applies on departure.
On a takeover, check which incorporation clauses are in the employment contracts.
Read the VL Focus: Vertex Legal on LinkedIn
Read more about changing employment conditions in our knowledge base.
Want to know what this means for your organisation? Get in touch with us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
