Dutch court allows Booking.com to require 40% office attendance

AMSTERDAM, Oct 28 (Reuters) - An Amsterdam court ruled on Wednesday that it is not unreasonable for Booking.com to require employees to spend at least 40% of their working time in the office, granting the company permission to implement the policy.

The court found convincing Booking.com's argument that in-person contact promotes team cohesion, training and development, and effective collaboration, and that mandatory attendance is a reasonable means to achieve that, in part because a voluntary arrangement had failed.

• Only 27% of employees currently meet the 40% office threshold under the existing voluntary arrangement

• Booking.com sued its works council after it refused to consent to the new policy; under the Works Councils Act, a court may grant permission if it deems the council's refusal unreasonable

• The court ruled the works council could not reasonably have withheld its consent, weighing Booking.com's managerial discretion and its right to give employees reasonable workplace instructions

• The policy includes a six-month transition period and a hardship clause for employees who face genuine difficulties; an earlier proposal had called for 50% to 60% mandatory attendance

• The court said Booking.com must continue to ensure sufficient workstations so every employee who comes to the office has a place to sit

• Booking.com said it welcomed the ruling. "Moving from a recommendation to a standard of an average of two days in the office per week is not a fundamental shift, but rather a refinement of our existing policy," a spokesperson said

• The spokesperson added that Booking.com plans to continue a constructive dialogue with its works council and employees as they move forward with the implementation of the policy

• The works council did not immediately reply to a request for comment