E. Verhulp

Identity-Bound Employers and Limitations of Employees' Fundamental Rights

in the Netherlands, the exercising of fundamental rights by employees is always limited by the employment contract. as defined in the dutch civil code, the employer has the right to instruct the employee regarding the performance of the duties under the employment contract. This is, self-evidently, a limitation following from the contract itself. on this basis, a physiotherapist should not, during treatment, trouble the patients of the hospital where he is employed by trying to spread the Word of God or with attempts to proselytise;1 a croupier, employed by a casino, cannot refuse a client’s bet due to his conviction that gambling is in violation of the bible.2 on the other hand, the employer is not entitled to instruct the employee with regard to his personal activities outside of working hours. or is he? For some employers, private conduct of their employees is of great importance. Employee conduct deviating from the employer’s norms could undermine the employer’s credibility. but is the employer entitled to influence the employee’s private life? and what is the significance of the employer’s aims with regard to this? is the employer entitled to have certain normative viewpoints and to require the employee to act on them in his private life? and if the employee does not behave according to the identity and persuasion of the company, does that justify dismissal? These questions are a matter of discussion in dutch labour law, as will be explained below. However, it will be clear that these questions cannot be answered unequivocally.