Who pays if a working student makes a mistake? Usually the employer, not the employee. Under Article 7:661 of the Dutch Civil Code, an employee who causes damage to the employer while performing the contract, or to a third party to whom the employer must pay compensation, isn't liable to the employer for it, unless the damage results from the employee's intent or conscious recklessness [1]. That also applies to a working student with an employment contract.
What does the law say exactly?
Paragraph 1 provides that the employee isn't liable unless the damage results from intent or conscious recklessness; the circumstances of the case, given the nature of the contract, may lead to a different outcome. Paragraph 2 provides that deviating from paragraph 1 to the employee's detriment is only possible by written agreement and only to the extent that the employee is insured for it [1]. A sentence in a contract or house rules saying that a working student always pays for damage therefore doesn't simply stand.
What is conscious recklessness?
It takes more than a careless or incorrect act. In a 2016 case about an accident with a company van that was too high, the Court of Appeal of 's-Hertogenbosch ruled that the employee had acted incorrectly, but that it wasn't established that he was aware of the risk just before the accident. That wasn't enough for conscious recklessness, and the employer's claim was rejected [2]. The court pointed out that Article 7:661 aims to ensure that the employee, as the socio-economically weaker party, doesn't have to bear the damage of careless performance of duties, and that, barring intent or conscious recklessness, the employer bears the benefits and burdens of the work. The court also took into account, among other things, that the employee had relatively little experience driving the raised company van [2]. Each case is assessed separately.
What does this mean for a working student?
- A mistake in a report, an email sent to the wrong person or a broken laptop is, as a rule, not intent or conscious recklessness. The employer then can't recover the damage from you.
- If you're asked to sign a document accepting liability, read paragraph 2: deviating is only possible in writing and to the extent that you're insured for that damage [1]. If in doubt, ask what is insured.
- Report a mistake as soon as possible: it limits the damage.
What does this mean for an employer?
- Expect to bear the damage from a working student's ordinary mistakes yourself, including when a customer suffers damage for which you're liable to pay compensation
- Check your business liability insurance. The government's business portal says an employer is responsible for damage an intern causes or suffers, and advises checking or taking out the insurance [3]
- Limit the risk with guidance, working agreements and four-eyes checks for work with financial or legal consequences
- If you want to deviate from the main rule, that's only possible in writing and to the extent that the employee is insured [1]
Sources
- wetten.overheid.nl: Burgerlijk Wetboek Boek 7, artikel 661 (schade door de werknemer), geldend per 1 juli 2026, accessed 11 October 2026.
- Rechtspraak.nl (2016): Gerechtshof 's-Hertogenbosch, 23 februari 2016, ECLI:NL:GHSHE:2016:636 (toepassing artikel 7:661 BW), accessed 11 October 2026.
- Ondernemersplein (Rijksoverheid): Checklist werken met een stagiair of stagiaire, accessed 11 October 2026.
