EMPLOYMENT CONTRACT
Transgressive behavior in the workplace
- Reading time: 3 min
- July 21, 2025
- Ronald Vereijken, Lawyer
Table of contents
Transgressive behavior in the workplace is a serious issue. It not only affects those directly involved, but also undermines trust, safety, and cooperation within a team. As an employer or employee, it is important to understand what this behavior entails, what you can do if you encounter it, and what responsibilities the law imposes.
Transgressive behavior in the workplace means that someone does not respect other people's personal boundaries. This can be verbal, non-verbal or physical. It is not just about intention, but above all about the effect of the behavior on the other person. There are various forms:
- Sexual harassment: unwanted comments, touching or advances of a sexual nature.
- Bullying: repeated negative behavior towards a colleague, such as exclusion, ridicule, gossiping, or belittling.
- Discrimination: treating someone unfairly based on their origin, age, gender, religion or sexual preference.
- Aggression and violence: threats, shouting or physical violence, even when verbal.
- Psychosocial pressure: constant monitoring, unreasonable workload or undermining someone's self-confidence.
These types of behaviors can be subtle, but they often have a major impact on the well-being and performance of employees.
What can you do if you experience transgressive behavior?
Transgressive behavior often makes you feel insecure, angry or powerless. What you are experiencing is not normal and you do not have to accept it. There are several ways to take action, depending on what feels feasible and safe for you.
Start by acknowledging that what is happening is not okay. It helps to record your experiences: write down what is happening, when it is happening and who is involved. This will give you an overview and enable you to substantiate your story if you decide to report it.
If you feel safe enough, you can talk to the person exhibiting the behavior. Sometimes people are unaware of their behavior, and a direct confrontation can help. But that's not necessary; you can always choose a different approach.
Within the organisation, you can contact a manager, HR employee or confidential advisor. They are there to support you and address the problem. If nothing is done about your report or if you would prefer external advice, you can also contact an employment lawyer or a trade union.
Whatever you decide, don't keep it to yourself. Transgressive behavior has no place anywhere, especially not in the workplace. You have the right to a safe working environment.
Need advice?
Legal obligations as an employer in the event of transgressive behavior
As an employer, you have a responsibility to care for your employees. According to the Working Conditions Act, you must ensure a safe and healthy working environment. This also means actively pursuing a policy against transgressive behavior in the workplace.
In concrete terms, this means that you:
- Draw up a policy stating how your organisation deals with transgressive behavior.
- Inform employees about what is and is not acceptable in the workplace.
- Appoints or makes available a confidant.
- Set up a reporting structure so that employees can easily submit reports.
- Actively intervenes when signs of transgressive behavior are noticed.
Employers who fail to adequately address this issue not only run legal risks, but also risk damaging their reputation. Furthermore, it can lead to higher absenteeism and reduced productivity.
Ensure a clear approach
Transgressive behavior in the workplace requires a clear approach. Not only to protect employees, but also to comply with your legal obligations as an employer. So don't wait until something goes wrong, but make sure your policy is clear, that there is room for honest conversations, and that employees know where to go for help. This will help you create a safe and respectful work culture.
Want to know more or have questions about your situation? Please contact us, we are here to help.
Need advice?
- At Arbeidsjurist Eindhoven, the person behind the case is central. With personal attention to your needs.
- Expert employment lawyers who go for the best result in every case.
- Transparent about costs. Often for a fixed price.
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