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.

• 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 mandatory 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's works council said it regretted that the leadership took the issue to court "rather than continuing a dialogue to explore the possibilities together".

• "The Works Council, alongside its legal and privacy advisers, is thoroughly reviewing the court’s full judgment to determine appropriate next steps, including the viability of an appeal", the council said in a statement.

• 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

(Reporting by Charlotte Van Campenhout; Editing by Xevi Fontdegloria and Keith Weir)