Hybrid Work Policy: Can You Mandate Office Days?

Hybrid Work Policy for SMEs: Can You Mandate Office Days?

Hybrid working is now standard for many small and medium-sized businesses. But what if you want staff in the office more often and they disagree? The legal dispute between Booking.com and its works council raises a question that smaller employers face too: can you impose mandatory office days unilaterally, and if so, how do you do it lawfully?

This article provides general information only — consult an employment lawyer or HR adviser for advice on your specific situation.

What the Booking.com Case Teaches SMEs

In October 2026, Amsterdam's district court heard a case in which Booking.com required Amsterdam-based staff to work from the office at least two days per week: 40% of a full-time week. The works council challenged this in court. During the hearing, the judge indicated provisionally that requiring 40% office attendance does not appear unreasonable, citing business cohesion as a valid justification. The case had not reached a final ruling at the time of writing.

The case is being watched as a potentially significant precedent for hybrid work policies at larger Dutch employers. But what does it mean for an SME without a formal works council?

The key point: in an SME without a works council, individual employment contracts and collective agreements (CAO) are decisive. You do not need to follow a formal consent procedure (as required under Article 27 of the Works Councils Act), but you are bound by what has been contractually agreed. Changing the workplace from 'remote working permitted' to 'two mandatory office days' can constitute a unilateral change of employment terms, with legal risk.

When Can You Require Office Attendance?

As an employer you have the right to give reasonable workplace instructions under your authority as an employer. There are limits, though:

Situation	Employer's room to act
No remote working agreed in contract	Wide: you can set office attendance as the norm
Remote working explicitly written into contract	Limited: change requires employee consent
CAO grants a right to work from home	Limited: CAO terms take precedence
Employee invokes the Flexible Working Act	You must seriously consider and justify any refusal in writing

The Flexible Working Act (Wet flexibel werken) gives employees at businesses with ten or more workers the right to request a change to their workplace. According to the Dutch government, you are not obliged to grant the request, but you must consider it genuinely and provide written reasons if you refuse.

Example: You run a consultancy with fifteen staff. During the pandemic most people shifted to home working without this being formally recorded in their contracts. You now want to introduce two fixed office days. Legally you are in a relatively strong position, as there is no contractual entitlement to remote work. That said, communicate the change carefully and give staff sufficient time to adapt.

How to Document Your Hybrid Work Policy

Whether you want to require office days or formally support remote working, put your policy in writing. A solid hybrid work policy should cover at minimum:

• The number of required office days per week or month
• The business reason (team cohesion, client contact, role requirements)
• How exceptions are requested and assessed
• Availability and working hours expectations on remote days
• The remote working allowance — see our article on the Home Working Allowance 2026: Tax-Free Amount

Attach this as an addendum to employment contracts or as an internal policy document that employees sign. This prevents disputes later.

For tracking both office and remote days, get your time registration in order. It also gives you objective insight into actual attendance patterns across your team.

Practical Steps for SME Employers

You do not need to wait for the Booking.com verdict to clarify your own policy. Act now:

1. Review existing contracts. Are there remote working agreements in contracts or a CAO? If so, what exactly do they say?

2. Talk to staff before making a decision. In an SME, buy-in matters as much as legal position. Staff who feel heard accept change more readily.

3. Put new arrangements in writing. Send a letter or email setting out the change, the start date and the reason. Ask for written acknowledgement.

4. Account for individual circumstances. An employee with care responsibilities or a long commute may have grounds for a different arrangement under the Flexible Working Act.

5. Track attendance consistently. Not as surveillance, but as an objective basis for conversations. See also how time tracking for your team works efficiently.

For the legal background on time registration and GDPR, read our knowledge base article on GDPR & Time Tracking: Legal Basis, Location Data.

Conclusion

The Booking.com case suggests that employers can set reasonable attendance requirements even when challenged. A definitive ruling was not yet available at the time of writing. For SMEs without a works council the legal context differs, but is no simpler: employment contracts and CAO agreements define your room to act. Set out your hybrid work policy clearly, communicate transparently and track attendance objectively. That keeps you on solid ground, whether you want more or less remote working in your business.

This article provides general information only — consult an employment lawyer or HR adviser for advice on your specific situation.

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Frequently Asked Questions

Can I as an SME employer unilaterally introduce mandatory office days? It depends on what employment contracts and any CAO say. If remote working has not been contractually agreed, you have more room to act. If it has been agreed, employee consent is generally required. Seek professional advice for your specific situation.

Does my employee have a right to work from home under the Flexible Working Act? An employee at a business with ten or more workers can request a change to their workplace. According to the Dutch government, you are not obliged to agree, but you must assess the request seriously and provide written reasons for any refusal.

What does the Booking.com case mean for my business? The case involves a large employer with a formal works council. SMEs operate under a different legal framework. The judge's provisional indication is that requiring 40% office attendance is not automatically seen as unreasonable, but individual contracts remain the decisive factor and the final ruling was not yet available.

What is the best way to document a hybrid work policy? Prepare a policy document covering the number of required office days, the business rationale, the exception procedure and any allowances. Have employees sign it as an addendum to their employment contract.

Do I need to record remote working days? There is no legal obligation to do so, but it is sensible. Objective records prevent disputes and provide a factual basis if questions about attendance arise later.

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