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Employees in the Netherlands are entitled to a smoke-free workplace. Workplace is understood to mean the employee's entire working environment. This refers to such areas as office spaces, company cafeteria, company vehicles, stairwells and toilets. Smoking is also banned in private offices.
An employer may provide a designated smoking area. This must be a separate and closed room and should not cause any nuisance to employees in the workplace.
Ban on smoking in the hotel and catering industry
Smoking is prohibited in catering establishments (e.g. hotels, restaurants and cafes) in the Netherlands. This ban on smoking applies to owners, employees and guests/customers.
Ban on smoking rooms to be enforced
Do you own a catering establishment with separate room for guests to smoke? From 1 April 2020, the Netherlands Food and Consumer Product Safety Authority will enforce the ban on smoking rooms in restaurants or bars (in Dutch). At the end of September 2019, the Supreme Court banned smoking rooms in catering establishments. Owners have until 1 April 2020 to make necessary changes and to reach agreements with the municipality to prevent hinder due to smoking on the pavement outside their businesses.
Fine in case of violation
An administrative fine of at least €450 can be imposed when breaking the ban on smoking.