Update on "Work where you want" draft bill

16 October 2023 1 min read

By Henrick Doorn

At a glance

  • UPDATE October 2023: On 26 September 2023, the "Work where you want" bill was rejected by the Senate. For now, the  current flexible working law will now remain unchanged with the employer only under an obligation to consider a flexible working request but able to refuse on any ground.

October 2022

Under this legislative proposal, the employee must provide sound reasons for requesting a change in the place of work (to the registered address of the employee or a place of work where the employee usually carries out work for the employer). The employer must weigh its own interests against those of the employee. This means that an employer must assess an employee's request for a change in their place of work in accordance with the standards of reasonableness and fairness. If, after applying this assessment, the interests of the employer outweigh the interests of the employee, the employer may deny the employee's request.

The draft bill has passed the House of Representatives but is still awaiting consultation in the Senate. Debate / consultation is scheduled to take place over the coming months. The Senate will then accept or reject the legislative proposal. The government has not indicated a likely implementation date yet.