What are my rights if I’m being bullied at work?

Are you being bullied at work? If so, your employer has a legal duty to do something about it. You are entitled to a safe working environment — and if your employer fails to act, you can take legal action.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

Bullying in the workplace isn’t just unpleasant — it’s a serious legal issue. The law requires your employer to ensure a safe and healthy working environment. This is set out in the Working Conditions Act, also known as the Arbowet.

Section 3 of the Working Conditions Act (check this section on wetten.nl for the most up-to-date version) requires employers to implement a policy aimed at preventing psychosocial stress at work. Bullying is explicitly included in this. Psychosocial stress at work — that sounds complicated, but it simply means: pressure, stress or insecurity arising from how people interact with one another at work.

In addition to the Working Conditions Act, the Civil Code also plays a role. Article 7:658 of the Civil Code (check this article on wetten.nl for the most up-to-date version) imposes a duty of care on the employer. This means: your employer must take measures to prevent you from suffering harm at work — including psychological harm caused by bullying.

If your employer does nothing despite being aware of the bullying, they may be liable for the harm you suffer as a result. This could include sick leave, psychological symptoms or even burnout.

Furthermore, employers are obliged to appoint a confidential advisor or provide access to an external confidential advisor. This is also stipulated in the Working Conditions Act. That person is there specifically for you — to allow you to tell your story without it immediately becoming official.

Finally: if the bullying takes the form of discrimination — for example, because of your ethnicity, gender, religion or sexual orientation — then the General Equal Treatment Act also applies. Discriminatory bullying behaviour is then subject to additional penalties.

When does this apply to you?

These rules apply to virtually everyone who works. Whether you have a permanent contract, are working on a temporary basis, are a temporary agency worker or are working as an intern — your employer always has a duty of care towards you.

But when does something actually constitute bullying? That is a question many people ask. Bullying is not the same as a single unpleasant remark. It involves behaviour that is systematic and that hurts, excludes or intimidates someone. Examples include:

Constantly ignoring or excluding you during meetings or lunch
Gossiping or spreading rumours about you
Giving you tasks you can never complete, only to then criticise you
Constantly criticising you, even when you do a good job
Threatening you with dismissal or other consequences if you speak up
Making unwanted sexual comments or touching you

It doesn’t matter whether the bully is a colleague or your manager. In both cases, the employer must intervene. Is it the employer themselves who is bullying you? Then the situation is particularly serious — and you may have stronger legal rights.

One condition is important, however: it helps enormously if you can prove the bullying. Save messages, emails and text messages. Keep a diary with dates and descriptions. Ask colleagues if they are willing to act as witnesses. The more concrete evidence you have, the stronger your position is.

Incidentally, you don’t have to fall ill first before you can take action. You can file a complaint right now — even if you’re ‘just’ unhappy at work because of the bullying behaviour.

Step-by-step guide — what can you do now?

Document everything. Start a logbook today. Write down: when, what happened, who was there and how you felt. Save digital messages too.
Confront the bully. This isn’t mandatory, but it can sometimes help. Make it clear exactly what behaviour you won’t tolerate. It’s best to do this in writing, so you have evidence.
Go to the confidential advisor. Every employer should have a confidential advisor. This conversation is confidential. The confidential advisor can advise and support you.
Report it to your manager or HR. Do this in writing — by email, for example. That way, you have a written record that you have reported the complaint. Keep a copy for yourself.
Submit an official complaint. If your employer has a complaints procedure, use it. Ask your HR department or staff handbook how it works.
Contact the Dutch Labour Inspectorate. If your employer takes no action, you can report the matter to the Dutch Labour Inspectorate. They can launch an investigation. You can do this via arbeidsinspectie.nl.
Consider taking legal action. Have you suffered harm as a result of the bullying and did your employer do nothing? Then you can engage a solicitor and, if necessary, take the matter to court. Also seek advice from a trade union if you have one.

Common mistakes

Not keeping a record. Many people think they’ll remember it all — but without documentation, you’re in a weaker position. Start keeping a logbook straight away.
Waiting too long. The longer the bullying continues without you reporting it, the harder it becomes to prove that you did something about it.
Only complaining verbally. Verbal reports are difficult to prove. Always ensure you have a written record — an email, a confirmation, a letter.
Thinking you have to sort it out on your own. You don’t have to do this alone. The confidential advisor, a trade union, a lawyer or the Labour Inspectorate are there to help you.
Resigning yourself. If you leave because of bullying, you may forfeit your right to unemployment benefit. Always consult a lawyer or your trade union first.

Frequently asked questions

What if my employer is the bully?

Then the situation is particularly difficult — but you are not powerless. You can lodge a complaint with the Dutch Labour Inspectorate. You can also seek legal assistance to determine whether there has been a wrongful act or a breach of the duty of care. In extreme cases, you may even be entitled to compensation. Contact an employment lawyer or your trade union.

Can I hold my employer liable for damages caused by bullying?

Yes, you can. If your employer was aware of the bullying and did nothing about it, they may be liable for the damage you have suffered. This includes medical costs, loss of income due to illness, or psychological harm. Article 7:658 of the Dutch Civil Code governs this duty of care (check this article on wetten.nl for the most up-to-date version). You will need evidence, however — so document everything.

Do I have to make an internal complaint first before I can go to court?

This is not always mandatory, but it is strongly recommended. A judge will assess whether you have taken reasonable steps to resolve the problem. If you have never reported anything to your employer, this could weaken your position. Therefore, always report the problem in writing — even if you have little confidence in the outcome.

What is a confidential advisor and does my employer have to provide one?

A confidential advisor is someone to whom you can confidentially report incidents of bullying, harassment or other undesirable behaviour. The Working Conditions Act stipulates that employers must take measures against psychosocial stress at work — and a confidential advisor is a commonly used measure. Does your employer not have a confidential advisor? If so, you can report this to the Labour Inspectorate.

What if my colleagues want to act as witnesses but are afraid of the consequences?

That fear is understandable, but employees are legally protected if they cooperate with a complaints procedure or investigation. An employer may not disadvantage anyone for having told their honest story. Nevertheless, it is wise to let your colleagues know this too — and, if necessary, seek legal advice regarding their position.

Relevant legislation

Section 3 of the Working Conditions Act (Arbowet) — psychosocial workload
Section 7:658 of the Civil Code — employer’s duty of care
Section 7:611 of the Civil Code — good employment practices
General Equal Treatment Act — protection against discriminatory bullying

Rights in workplace bullying - what can you do? | Claim.Cafe