Clothing, hair color, piercings, and tattoos: your appearance can express yourself in many ways. That's perfectly fine, of course. In your private life, you have complete freedom in that regard. But in the workplace, things are sometimes different. There, you're not just yourself, but also a representative of your employer. So, does your boss get to dictate your appearance? In some cases, yes. This article explains exactly how that works.
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What's in the rules?
Your employer has the right to issue instructions. This allows them to ask you to adhere to certain dress or appearance requirements while performing your work. It's important to distinguish between two types of requirements. On the one hand, there are safety rules: for example, in a factory, you often have to wear safety clothing, a hairnet in the kitchen, and piercings can be dangerous for you and others in some environments. On the other hand, there are regulations about what is appropriate, a kind of dress code. These vary by company and sometimes even by position: a receptionist might have different requirements than a telephone salesperson.
Which regulations are allowed and which are not?
In principle, your employer may, within reasonable limits, determine what you look like while representing the company. But there are certain rules for that. For example, he should not discriminate between men and women. In addition, it must always be clear what the consequences are if you do not comply with the regulations.
Some regulations impede your fundamental right to privacy or freedom of religion. This fundamental right cannot simply be violated. Whether your employer's interests outweigh your fundamental rights depends on the answers to the following questions:
- Does the violation of your fundamental rights serve a legitimate purpose, such as the safety of you or others?
- Is the infringement proportionate to the purpose? In other words, aren't the regulations too heavy?
- Is your employer unable to achieve the goal in a way that is less drastic for you?
Is the answer to one or more questions 'no'? Then it is quite possible that the regulation is not reasonable or too strict.
What if nothing is recorded?
Some employers don't include any regulations in their company rules. They may still expect you to adhere to a certain dress code. This could violate your fundamental rights. Moreover, unwritten rules are harder for your employer to enforce. Imagine a sweltering summer, for example. Can you show up at work in shorts and flip-flops if there's no formal dress code? That also depends on your company and role: in some places, this won't be considered representative and will therefore not be accepted.
Wondering what to wear to work and what not? Then discuss this with your employer. This way you can determine together which regulations or expectations are reasonable.
So: are you allowed to wear a nose ring behind the reception?
Your employer might not allow nose rings at the reception desk because they're not representative, while they are permitted in the back office, for example. They should clearly inform you of this and explain why.
Disagree with the regulations?
Your employer can't simply impose regulations: they must have a legitimate interest in doing so. Moreover, the rules can't be too strict. Don't agree with your employer? Discuss it. Or contact our Service Center at 0345 851 963 or sc@unie.nl. We are available on weekdays between 8:30 AM and 17:00 PM. Our legal specialists will thoroughly review your situation, present you with various options, and assess whether your employer's policy is drafted correctly.
