The right of the employer to supervise the work of the employee is derived from the Employment Contracts Act and collective agreements.

In practice, the employer’s unilateral right of supervision is limited by the applicable collective agreement and the employee’s personal employment contract. For instance, working hours arrangements for the sector may be specified in quite some detail in the collective agreement, and the job duties of an individual employee may be described in the employment contract.

The employer’s right to direct is not unlimited. The employer cannot require an employee to act contrary to law or good conduct. For instance, an employee cannot be required to drive over the speed limit or to compromise good auditing practice when auditing accounts.

An employee can also not be required to perform work in which shortcomings in occupational safety and health put his/her life or health or those of other employees at risk. The employer is also required to treat employees equally and non-discriminatingly.

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The employer is responsible for supervising work under the Occupational Safety and Health Act, but limitations to supervision are in place to protect employee privacy. For instance, there are restrictions on the handling of employees’ health information at the workplace and technological surveillance.

Employees are required to do their work diligently and to follow the employer’s instructions. Employees are also under a loyalty obligation, which includes the requirement not to disclose any information that might harm the employer and a prohibition on working for a competitor.

If an employee neglects his/her job duties, the employer may issue a warning. Repeated negligence may constitute grounds for terminating the employment relationship.