What is employer liability for employees under Dutch law?

Dutch term: Werkgeversaansprakelijkheid (art. 6:170 BW) | Legal basis: Article 6:170 BW

Employer liability (werkgeversaansprakelijkheid) under article 6:170 of the Dutch Civil Code is a form of risk liability (risicoaansprakelijkheid) that makes an employer liable for torts committed by its employees in the performance of their duties. The employer is liable regardless of its own fault, provided there is a functional connection between the employee's task and the wrongful act.

The liability applies to both contractual employees and persons who are functionally equivalent to employees (such as temporary workers and interns). The employer cannot contractually exclude this liability towards third parties. However, the employer may have a right of recourse against the employee if the employee acted with intent or deliberate recklessness.

Why it matters for international businesses

For international businesses operating through Dutch employees, article 6:170 liability is an inherent business risk that should be covered by general liability insurance and managed through proper employee supervision and compliance programmes.