The consequences of Book 6 for your employees

Changed liability for employees

Under current legislation, employees enjoy almost complete immunity ('quasi-immunity') and, in most cases, cannot be held liable by third parties for mistakes made during their work. However, Book 6 will alter this principle. From the date of entry into force, an injured party, such as a client, can choose to hold the employee ('auxiliary person') directly liable for damages, instead of exclusively holding the employer ('main contractor') accountable.

Protection and defenses for employees

Although the liability of auxiliary persons increases under the new law, protective mechanisms remain in place. Employees can use the same defenses as their employer, including contractual clauses that limit liability. Additionally, Article 18 of the Employment Contracts Act provides protection: employees are only liable for gross negligence or damage caused intentionally. For directors, specific provisions of the Companies and Associations Code continue to apply.

However, there is an important exception: if the damage was caused intentionally or involves a serious violation of a person's physical or psychological integrity, the protection of contractual clauses is nullified, and the auxiliary person can be held directly liable.

Action points for employers

The new rules in Book 6 increase employee liability and compel both employers and employees to review their existing contracts and liability provisions. It is advisable to consider whether additional clauses in employment contracts are necessary to limit or exclude liability.

These rules will apply to incidents occurring from 1 January 2025, giving companies a period of two months to implement any necessary changes.