Ban on smoking in the workplace

Employees are entitled to a smoke-free workplace. The smoking of electronic cigarettes and tobacco products is banned from the workplace in the Netherlands. Indoor smoking areas are also prohibited. 

Workplace refers to the employee's entire working environment, including for example office spaces, company cafeteria, company vehicles, stairwells, and toilets. This applies to all workplaces, including corporate, (semi) governmental, and public buildings.

Smoking area in buildings prohibited

Designated smoking areas inside buildings subject to the ban are prohibited (in Dutch). You are allowed to set up a smoking area on outside premises, for example in your company’s car park. The smoking area must meet certain requirements and may not cause a nuisance (in Dutch).

Smoking when working from home

The smoking ban does not apply to private spaces, for example your home office. Employees who work from home can decide for themselves if they smoke or not. Employees who work at (other) people's homes, for example in home care or catering, cannot rely on a smoke-free workplace.

Smoking in the company car

You are not allowed to smoke in a truck, van, or company car. Not even if you are driving the car alone.

Ban on smoking in the hotel and catering industry

Smoking indoors in catering establishments is not permitted in the Netherlands. This ban on smoking applies to owners, employees, and customers. Indoor smoking areas are also prohibited. Your establishment is considered a catering establishment if you serve food or drinks. Examples are hotels, restaurants, cafes, sports canteens, and shisha lounges.

Smoking on outside terraces

Smoking tobacco or e-cigarettes (vapes) is allowed on outside terraces belonging to a catering establishment (in Dutch). The terrace must be completely open (outdoors) on at least 1 side (this includes the top side). Smoking on indoor terraces, for instance in a shopping mall, is prohibited.

Smoking at festivals or events

Do you organise festivals or events, or a one-off event or festival? Smoking at a festival or event is generally not allowed inside. Not even in a marquee or festival tent. Smoking outside is often allowed. Except if you, as the organiser of the festival or event, do not approve. You may decide yourself whether the site or part of it is smoke-free.

Which products are covered by the smoking ban?

The smoking ban applies to:

• tobacco products: cigarettes, rolling tobacco, and cigars
• electronic cigarettes (e-cigarettes or vapes) with or without nicotine
• products containing tobacco (water pipe) or heating devices containing tobacco
• chewing and snuff tobacco

Non-tobacco smoking products

Herb mixtures intended for smoking, gels for water pipes (without tobacco), and other non-tobacco smoking products are exempt from the smoking ban. These products may be smoked inside, also in catering establishments. If you do not want this in your establishment, you can forbid this.

Fine in case of violation

The Netherlands Food and Consumer Product Safety Authority (Nederlandse Voedsel en Warenautoriteit, NVWA) performs inspections. You cannot refuse an inspector access to your premises. If you breach the ban on smoking and smoking areas you can be fined (in Dutch).