EMPLOYERS’ LIABILITY

Employers’ liability relates to situations in which an employee suffers an accident in the framework or during execution of his work. Legal proceedings often follow to determine whether the employer is liable in respect of the employee, and is required to pay compensation.

SPECIAL DUTY OF CARE

The liability of the employer is laid down in article 7:658 of the Dutch Civil Code. According to these provisions, the employer has a special duty of care in having work carried out on his behalf. He is liable for any damages suffered by an employee during the exercising of his tasks.

EXCEPTION

If the employer is able to demonstrate that he has fulfilled his duty of care or that the damages suffered by the employee are the consequence of gross or deliberate negligence on the part of the employee, the employer is not liable. In the event of legal proceedings, it is up to the employer to state and as necessary to demonstrate that he took all measures and issued all instructions that were reasonably necessary to prevent the damage from arising.