Can employers change home working arrangements?

Especially since the COVID pandemic, working from home has become a normal part of many employees' work lives. Working from home can become a condition of employment (a rule or requirement that both employer and employee abide by) if explicit arrangements are made in the employment contract.

But an employment condition does not have to be agreed upon only at the time of signing the contract. Even without a written clause in the employment agreement, working from home can become a condition of employment. 

An employment condition may arise as an acquired right, based on a structural practice the employer has followed after the employment contract was concluded. If working from home can be qualified as an employment condition, the employer cannot simply change it without the employee’s consent.

A change is only permissible if the employer has such a compelling interest that, under the principles of reasonableness and fairness, outweighs the employee’s interest.

Is working from Ecuador an employment condition?

The question of whether working from home, or more specifically working from home in Ecuador, had become an employment condition was central in a recent case before the District Court of Utrecht.

The employee in question joined the company, based in Zwolle, in 2018. From July 2020 onward, under a written agreement with the employer, the employee performed the majority of his work from Ecuador, where he had recently moved with his family.

In December 2024, the employer informed the employee that he was expected to resume work in the Netherlands. The employer had introduced a new “workation” policy in 2023, which stated that long-term remote work from abroad was undesirable.

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In the proceedings, the employee requested continuation of the agreed working arrangement that allowed him to perform his duties mainly from Ecuador. Although the agreement contained a reservation regarding temporality and evaluation, it appeared that this reservation was never actively applied.

In addition, the work-from-home arrangement did not hinder the employee’s ability to perform his work, and after the pandemic, it was applied even more generously than originally agreed. The employee could therefore reasonably assume that this working arrangement would continue.

The court ruled that working from Ecuador had become a condition of employment. The next question was whether the employer could change this condition without the employee’s consent. The court held that the employer was not allowed to do so. The employee’s interest in continuing to work from Ecuador was substantial. In contrast, the employer’s interest in implementing the new workation policy weighed less in this case.

Arguments concerning consistent policy, precedent risks and potential complications were insufficient, especially given that the arrangement had worked without issue for several years.

No one-size-fits-all answer

Whether working from home qualifies as an employment condition depends on the specific circumstances of each case. What was agreed in writing? How has the arrangement been implemented over time? And if there is an employment condition, can the employer modify it without your permission? This also depends on the facts and interests involved.

If you need clarity about your personal situation, it's wise to get advice from an employment lawyer.