Work clothing and underwear: rights and obligations

Questioner

Good afternoon, I have a small question: At my work, work clothing will soon be introduced. This concerns outerwear. You may wear your own underwear. However, there are color requirements for this. Now my colleagues and I are wondering whether this is allowed or whether the employer should provide us with financial support, as there are specific requirements for underwear that mean some colleagues have to shop differently than they are used to.

Lawyer

Based on the law (article 7:611 Civil Code) and case law (judicial decisions), an employer may introduce work clothing to create a uniform image. This is also allowed to introduce a certain representativeness. It must then apply to everyone, be applied consistently and the employer must pay the associated costs. You say that there is uniform outerwear. The undergarments are free. I don't really understand your question about the extra costs/different shopping. Can you explain that further?

Questioner

thanks for the quick response, It is correct that the outer clothing will be provided by the employer. Regarding the underwear: the employee must provide his own underwear. This seems at first to be a free choice, but the condition is that it must meet a specific color. Now one employee will have this in the closet, but others will have to go to the store and buy a color of pants that this person would normally never buy. The question is whether, when imposing such a condition, the employer should also provide compensation for the purchase of underwear in the relevant colour.

Lawyer

I believe that if the employer sets requirements for underwear, e.g. colour, he should provide compensation for this. After all, some people will normally not buy that colour. Also, trousers in a certain colour may be more expensive. I would therefore ask the employer, together with the Works Council/PVT (or, if there is none, with your colleagues), to provide compensation for this. After all, he decides that you must wear that colour. I base my position on article 7:611 of the Dutch Civil Code (good employership) and case law. However, there is no specific article of law or specific ruling that supports this position. Coincidentally, I am writing an article in which this subject is discussed, so I can say that this position is most likely the most logical and legally correct.