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Netherlands - Working time - 2009


LAST UPDATE

9 June 2009

SOURCES


Name of Act

Working Time Act (Arbeidstijdenwet, Atw), dated 23 November 1995, as amended and in force 9 June 2009

Name of Act

Working Hours Decree (Arbeidstijdenbesluit), dated 4 December 1995, as amended and in force 9 June 2009

Name of Act

Act Prohibiting Discrimination by Amount/Volume of Working Hours (Wet onderscheid arbeidsduur), 3 July 1996, as in force 8 June 2009

Name of Act

Adjustment of Working Hours Act (Wet Aanpassing Arbeidsduur), dated 19 February 2000, as amended and in force 9 June 2009

Name of Act

Equal Treatment Act (Algemene wet gelijke behandeling), dated 2 March 1994, as amended and in force 9 June 2009

Name of Act

Work and Care Act (Wet arbeid en zorg), dated 16 November 2001, as amended and in force 9 June 2009

Name of Act

Civil Code (Burgerlijk Wetboek), Book 7, 1 January 1999, as amended and in force 9 June 2009

LEGAL DEFINITIONS


Working time/working hours

A consecutive period of time in which work is performed and which falls between two uninterrupted rest periods of at least 8 hours („dienst“).
Working Time Act §1:7.c

Employee/worker

Employee shall be the „other“ person as referred to in the definition of „employer“.
Working Time Act §1:1

Employer

Employer is the person for whom another person is required to perform work under a contract of employment or a public appointment (provided that this person is not made available to another person to perform work), to whom another person is made available in order to perform work or under whose authority another person performs work.
Working Time Act §1:1

Night work(er)

Hours of work that include more than 1 hours of work between 00:00 and 06:00.
Working Time Act §1:7.d

On-call work

On-call (consignatie) shall be a period between two consecutive work periods or during a rest break in which the worker is obliged to be accessible to perform work as soon as possible if called upon in cases of unforeseen circumstances.
On-call periods can be either:
"Standby" (aanwezigheidsdienst): a consecutive period of at most 24 hours during which the worker is obliged to be present at the workplace to perform his or her work as soon as possible when called upon.
An "accessibility shift" (bereikbaarheidsdienst): the worker is obliged to perform his or her work as soon as possible upon being called upon.
Working Time Act §1:7b
Working Hours Decree §1:1

Young worker

A worker aged 16-17 years.
Working Time Act §1:1.3

NORMAL HOURS LIMITS


Daily hours limit


General limit

12 hours
Working Time Act §5:7.1
Historical data (year indicates year of data collection)
  • 2011: Workers shall not perform more than 12 hours of work per shift.
  • 2007: 9 hours

Exceptions

URGENT WORK

If work cannot be postponed and avoided by taking other measures, the employee of at least 18 years of age may work at most once in each 2 week period 14 hours per shift.

The daily limit does not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries or is likely to arise immediately, or where exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.
Working Hours Decree §4.3:1
Working Time Act §5:10.1

Special categories


» Night work

10 hours.

EXCEPTIONS
If work cannot be postponed and other measures cannot reasonably be taken, the employee may work at most once per 2 week period 14 hours at night.

The employer may order 5 times at most in each 14 day period and 22 times in each 52 week period night work of up to 12 hours, provided that afterwards a consecutive rest period of 12 hours is granted.

The provisions on daily working time do not apply in case of a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.
Working Time Act §5:8.1, 5:8.3, 5:10.1
Working Hours Decree §4.3:1

» Shift work

Work carried out in uninterrupted shifts may be extended or shortened by at most 15 minutes if this is required for ensuring good progress of work.
Working Hours Decree §4.4:1

» On-call work

13 hours of on-call work (consignatie) at most in each 24 hour period.

Exceptions to the general daily limit apply when the nature of work necessitates it that the work is to a considerable extent carried out by stand-by work (aanwezigheidsdienst) and that this cannot be prevented by organising the work in a different way.
Working Time Act §5:9.4
Working Hours Decree §4.8:1

» Young workers

9 hours
Working Time Act §5:7

» Domestic work

The daily working time limit does not apply to workers of 18 year or older performing work in or for the employer´s private household in order to fully or partly earn a living, who live in the household.
Working Hours Decree §5.10:2

Weekly hours limit


General limit

Maximum limit of 60 hours per week, 55 hours in average in each 4-week period and 48 hours in average in each period of 16 consecutive weeks.

Working Time Act §5:7.2, 5:7.3
Historical data (year indicates year of data collection)
  • 2011: Workers shall not perform more than 60 hours per week, 55 hours in average in each 4-week period and 48 hours in average in each period of 16 consecutive weeks.
  • 2007: 45 hours and an average of 40 hours per week in each period of 13 consecutive weeks
  • 1995: 48 hours.

Reference period(s)

The 48 hour limit is an average over a 16 week reference period.
Working Time Act §5:7.2

Exceptions

URGENT WORK

The 60 hours limit does not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.

Exceptions from the general weekly limit apply when the nature of work necessitates it that the work is to a considerable extent carried out by stand-by work (aanwezigheidsdienst) and that this cannot be prevented by organising the work in a different way.

COLLECTIVE AGREEMENTS
Collective agreements may provide different regulations from the rule that 55 hours in average over a 4 week period cannot be exceeded. However, the 60 hours limit and 48 hours in average over a 16 week period cannot be exceeded.

Additionally, collective agreements may foresee that 48 hours in average over a 16-week period can be exceeded if unforeseen circumstances or the nature of the work causes a fluctuating work volume, making the employee temporarily work more than in average 48 hours works, provided that this cannot reasonably be prevented by another work organisation OR if the employee mainly supervises other employees on behalf of the employer. In this case, in each 52 week period work of at most 48 hours average per week is permitted.
Working Time Act §5:7.4, 5:10.1
Working Hours Decree §4.8:1.1, 4.9:1

Special categories


» Night work

10 hours per shift and 40 hours per week in average (60 hours maximum per week) over each 16 week period, if at least 16 times night work in this period is performed.

Collective agreements may provide that the employee may work 40 hours in average over a reference period of 52 weeks, provided that unforeseeable circumstances or the nature of work causes a fluctuating workload, making the employee work more than in average 40 hours per week on average over a 16 week period, and work cannot reasonably be organised in another way, OR an employee is mainly supervising other workers in the name of the employer.
Working Time Act 5:8.2
Working Hours Decree 4.9:2

» On-call work

60 hours weekly at most and 40 hours in average in each 16 week period, provided that during this period on-call work (consignatie) is assigned at least 16 times partly or fully including the period between 00.00 and 06.00.

Alternatively, 45 hours in average over a 16 week period may be worked by workers who are assigned on-call work (consignatie) for at least 16 times in a 16 week period, which partly or fully includes the period between 00.00 and 06.00, bprovided that they are granted a consecutive rest period of at least 8 hours after the last call that started between 00.00 and 06.00 or after the shift that followed within 18 hours of a call between 00.00 and 06.00.
Working Time Act §5:9.5, 5:9.6

» Young workers

45 hours and an average of 40 hours per week in each 4 week period.
Working Time Act §5:7.1

» Domestic work

48 hours per week in averag in each 16 week period and at most 60 hours per week for workers of 18 year or older, performing work in or for the employer´s private household in order to fully or partly earn a living and who live in the household.
Working Hours Decree §5:10.2

» Pregnant workers/recent birth

Pregnant employees of 18 years or older can not be required to work more than 10 hours per shift; an average of 50 hours per week in each period of 4 consecutive weeks, and an average of 45 hours per week in each period of 16 consecutive weeks.
Working Time Act §4:5.4

OVERTIME WORK


Criteria for overtime


General

Overtime work is not regulated by law. Working time limits are provided by general daily and weekly limits.

Limits on overtime hours


General limits

No specific statutory overtime limit. See daily/weekly working time limit.
Historical data (year indicates year of data collection)
  • 2011: No specific statutory overtime limit. See daily/weekly working time limit.
  • 2007: Maximum limit (including overtime) of 11 hours per day and 54 hours per week and an average of 45 hours per week over a 13 week period.
  • 1995: Maximum 11 hours a day, 62 hours a week, including overtime.

Compensation for overtime work


Overtime rate(s)

No statutory provisions on overtime pay.
Historical data (year indicates year of data collection)
  • 2011: No statutory provisions on overtime pay.
  • 1995: 25% premium during the working day, 50% for night work, 75% on Saturdays, 100% on Sundays and public holidays.

SCHEDULES


General

When determining the working time pattern of the worker, the employee will, to the extent this can reasonably be expected of him, take into account the personal circumstances of the worker outside work, which in any case includes care duties for children, (dependent) family members, relatives and others close to him as well as his social responsibilities
Working Time Act §4:1a

Exceptions

The provisions concerning the work schedule do not apply to workers of 18 year or older, performing work in or for the employer´ private household in order to fully or partly earn a living, and who live in the household.
Working Hours Decree §5.10:2

Special categories


Pregnant workers

The work of pregnant workers must be arranged in such a way that her current circumstances are taken into account.
Working Time Act §4:5.1

Young workers

Employers are obliged to organize the work of young workers so that they are able to pursue their education.
Working Time Act §4:4.1

REST PERIODS


Rest breaks


General provisions

The total duration of the rest breaks must be at least:
(1) 30 minutes (work exceeding 5.5 hours);
(2) 45 minutes (work exceeding 10 hours).
The breaks may be split into breaks of at least 15 minutes each.
Working Time Act §5:4.2
Historical data (year indicates year of data collection)
  • 2011: Workers shall enjoy a rest break of at least 30 minutes after having performed 5.5 hours of work and a rest break of at least 45 minutes after 10 hours of work. According to that, the breaks may be split into breaks of at least 15 minutes each.
  • 2007: Rest breaks are required for workers who work more than 5.5 hours.
  • 2007: Rest breaks must begin and end during the period between two hours after the start of the work period and 2 hours before its end.
  • 2007: At least one break must be of at least 30 minutes.
  • 2007: The total duration of the rest breaks must be at least: (1) 30 minutes (work period of up to 8 hours); (2) 45 minutes (8-10 hours); (3) 1 hour (more than 10 hours).
  • 1995: 30 minutes after 5,5 hours, 60 minutes for a day of 10 hours or more.

Exceptions

URGENT WORK
The provisions on rest breaks do not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.

COLLECTIVE AGREEMENTS
The rules on rest breaks can be deviated from through a collective agreement. In any event, a rest break of at least 15 minutes for work exceeding 5,5 hours must be guaranteed.

Deviation from the entitlement to a rest break is also possible by collective agreement where:
(1) the worker concerned works without any direct contact others workers who perform similar work; or
(2) the nature of the work makes it impossible for it to be interrupted by a rest break and it cannot be reasonably organized in a different way. In this case, the workers’ working time cannot exceed an average of 44 hours per week in each 16 week period.
Working Time Act §5:4.3, 5:10.1
Working Hours Decree §4.6:1

Special categories


» Young workers

Young workers are entitled to a rest break of at least 30 minutes during work periods of 4.5 hours or more. The break may be split into two breaks of at least 15 minutes.
Working Time Act §5:4.1

» Domestic work

The general provisions on rest breaks do not apply to workers of 18 year or older, performing work in or for the employer´s private household in order to fully or partly earn a living, who live in the household.
They may work 4 consecutive hours, following which work is interrupted by a break (unspecified period).
Working Hours Decree §5.10:2

» Pregnant workers/recent birth

Pregnant workers and workers during a period of 6 months after delivery are entitled to additional rest breaks of a total duration of up to one-eighth of their shift length.

These workers are entitled to work in a stable and regular pattern of work and rest breaks.
Workers have the right to breastfeed or pump breast milk for the first nine months of the baby’s life.

They are entitled to breastfeeding breaks as often and for as long as required, to a total duration of up to one-fourth of the shift length.
The time and length of breaks are to be determined by the worker in consultation with the employer.
Working Time Act §4:5.2, 5:5.3; 4:5.7, 4:8.1-3

Daily rest periods


Duration

11 hours in any consecutive period of 24 hours.
Working Time Act §5:3.2
Historical data (year indicates year of data collection)
  • 2011: Workers shall enjoy at least 11 consecutive hours of daily rest.
  • 2007: 11 hours
  • 1995: 12 hours.

Exceptions

The 11 hour daily rest period can be shortened to a minimum of 8 hours once in every seven day period, if the nature of the work or business circumstances so demand.

Exceptions from the daily rest period apply when the nature of work necessitates it that it is carried out to a considerable extent as stand-by work (aanwezigheidsdienst) and that this cannot be prevented by organising the work in a different way.

The provisions on daily rest do not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable. However, the employer has to ensure that rest periods not granted for these reasons are provided afterwards.
Working Time Act §5:3.2, 5:10.1, 5:10.2
Working Hours Decree §2.1:1.1, 4.8:1

Special categories


» Night work

If night work ends after 02.00, the employee has to be granted a rest period of at least 14 hours, which may be shortened once in each 7 day period to at least 8 hours, if the nature of the work or the enterprise conditions so demand.

If the employer orders night work of up to 12 hours (exceptionally possible at most 5 times in each 14 day period and 22 times each 52 week period), work has to be followed by a consecutive rest of 12 hours.
Working Time Act §5:8.3, 5:8.4

» Shift work

Rest periods in work carried out in uninterrupted shifts may be extended or shortened by at most 15 minutes if this is required for ensuring good progress of work.
Working Hours Decree §4:4.1

» On-call work

ON CALL
No on call work (consignatie) shall be assigned for 11 consecutive hours preceding and 14 consecutive hours following night work.

Work following a call to work during on call work is not taken into consideration when calculating the daily rest period.

STANDBY
The employer has to organise work in such a way that before and after a standby duty a consecutive rest period of 11 hours is granted, which may once in every 7 day period be shortened to 10 hours and once to 8 hours provided that after a shortening of the rest period the following rest period is at least 11 hours long and extended by the number of hours up to which the preceding rest period had been shortened.
Working Time Act §5:9.8
Working Hours Decree §4.8:1.3, 4.8:1.5

» Young workers

12 hours, which must include the period between 22:00 and 06:00.
Working Time Act §5:3.1

» Domestic work

A consecutive rest period of at least 9 hours each 24 hour period (beginning at th etime when the employee starts working) has to be granted to workers of 18 year or older, performing work in or for the employer´s private househol in order to fully or partly earn a living, and who live in the household.
Working Hours Decree §5.10:2

Weekly rest periods


Duration


» General

A minimum of either:
(1) 36 hours in each 7 day period; or
(2) 72 hours in each 14 day period, which can be split into rest periods of at least 32 hours each.
Working Time Act §5:5.2
Historical data (year indicates year of data collection)
  • 2011: After a 5-day working week, the worker may not work for at least 36 consecutive hours. A longer working week may be scheduled provided that the worker enjoys a rest period of at least 72 hours once every 14 days. This 72-hour period may be split into 2 separate periods, neither of which may be shorter than 32 hours.
  • 2007: A minimum of either: (1) 36 hours in each 7 day period; or (2) 60 hours in each 9 day period, which can be shortened to 32 hours once in each 5 week period.
  • 1995: 42 consecutive hours in industry, 36 hours in commerce and offices.

» Exceptions

The provisions on weekly rest do not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable. However, the employer has to ensure that rest periods not granted for these reasons are provided afterwards.

Exceptions from the weekly rest period apply when the nature of work necessitates it that the work is to a considerable extent carried out as stand-by work (aanwezigheidsdienst) and that this cannot be prevented by organising the work in a different way.
Working Time Act §5:10.1, 5:10.2
Working Hours Decree §4.8:1

Day specified


» General

Sunday.
Working Time Act §5:6.1

» Exceptions

RELIGIOUS/IDEOLOGICAL BELIEFS
Workers who, in accordance with their religious or ideological beliefs, celebrate the weekly rest day on a day other than Sunday are entitled to take their rest on this day, provided they make a written request to this effect to their employers.

COLLECTIVE AGREEMENTS
Collective agreements may deviate from the rule that Sunday shall be free. In this case, Sunday work on 40 Sundays or more in each 52 week period is only allowed with the consent of the worker.
Working Time Act §5:1, 5:6.2, 5:6.3, 5:6.4

Work on weekly rest day


» Criteria

BUSINESS NECESSITY
When business circumstances necessitate it, workers can work on a Sunday, provided the employer has reached an agreement to this effect with the works council and the employee agrees, or, in the absence of a workers council, with the agreement of the employees concerned. However, in any case work must be organised in such a way that the worker does not work for at least 13 Sundays in each 52 week period.
Working Time Act §5:6.2

Special categories


» Night work

Following the performance of night work on three consecutive days, the employee has to be granted 46 hours consecutive rest.
Working Time Act §5:8.5

» Young workers

The young worker will have an uninterrupted rest period of at least 36 hours in each consecutive period of 7 days.
Working Time Act §5:5.1

» Domestic workers

The provisions on weekly rest do not apply to Workers of 18 year or older, performing work in or for a private household of the employer in order to fully or partly earn a living, living in the household.
The employee has to be gratned a consecutive rest period of at least 36 hours each 7 day period and at least 13 Sundays each 52 week period shall be free.
Working Hours Decree §5.10:2

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

Four times the agreed weekly working time
Civil Code, Book 7 §634.1
Historical data (year indicates year of data collection)
  • 2011: Workers shall be entitled to four times the number of days they work per week. (Four times the agreed weekly working time) To this respect, for a five-day working week the worker is entitled to 20 days of annual leave.
  • 2007: Four times the agreed weekly working time
  • 1995: 4 weeks.

Payment


» Amount

Normal wages.
Civil Code, Book 7 §639.1

Schedule and splitting

Where the dates of the annual leave are not included in a written agreement, collective agreement, administrative body, or by law, the determination is made by the employer after consulting the worker.

This determination must be made in sufficient time for the worker to be able to prepare for his or her leave, unless prevented by important reasons.

The employer must take as much care as possible to ensure that the worker is able to take the consecutive period of leave in the period between 30 April and 1 October.

The leave must be granted in periods of at least two weeks duration or one week if required by the business or preferred by the worker.
Civil Code, Book 7 §637.1, 637.3, 637.2

PUBLIC HOLIDAYS


Number and dates

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Payment

No general statutory provisions on the payment for work on public holidays exist.

Work on Public Holidays


» Criteria

There are no general statutory provisions regulating (or prohibiting) work on public holidays.

If the nature of the work or business circumstances necessitate it, the worker can be required to work for 14 hours at most twice in the seven day period preceding the national holiday, the Queen’s Day and the 5th of December.
This applies also to other holidays ff a religious or philosophical belief affects the nature of the work or business conditions in a way that resembles the days as mentioned before.
Working Hours Decree §4.2:1.2, 4.2:1.3

EMERGENCY FAMILY LEAVE

LONG-TERM LEAVE
Employees are allowed to take unpaid leave of in general at least half the weekly working time every time for taking care of a person who is life-threatening sick, provided that this person is the spouse, registered partner or with whom the employee lives together without being married, a child, foster child, and a relative of first degree.
In each 12 month period, such leave may be taken at most 6 times the weekly working time. During this period the employee keeps the right to 70 % of his wage (up to a ceiling), but at least the statutory minimum wage.

SHORT-TERM PAID LEAVE
Workers can take short-term paid leave to respond to extraordinary personal circumstances (including birth by a spouse, registered partner or person with whom the worker lives without being married and the death or funeral of a housemate or close relative).
The duration of this leave is for a short period, determined according to standards of fairness.
Work and Care Act §5:1, 5:2, 5:6, 5:9, 5:10

PART-TIME WORK


Right to equal treatment


Right/scope

t is prohibited for employers to make distinctions between workers on the basis of a difference in their working hours with respect to the conditions under which a contract is entered into, continued, or terminated, unless such a distinction is objectively justified.

Different treatment is forbidden with respect to:
(1) job offers and hiring procedures
(2) the entering into and termination of a work relationship
(3) the appointment of a civil servant and the termination of the appointment
(4) working conditions
(5) education and training
(6) promotion.
Act Prohibiting Discrimination by Amount/Volume of Working Hours §III
Equal Treatment Act §5.1

NIGHT WORK


Limits

In the period between Friday 18.00 and the subsequent Monday 8.00, an employee shall at most work 10 hours at night, which may be twice prolonged up to at most 11 hours and provided that each night work is followed by a rest period of at least 12 consecutive hours, provided that this is stipulated by collective agreement. The employer has to guarantee for each 52 week period at least 26 time the period between Saturday 00.00 and Sunday 24.00 free of work.

The working hours act provides for detailed additional regulations how many consecutive night work shifts may be carried out under which circumstances.
Working Hours Decree §4.7:1, 4.7:2
Working Time Act §5:8.6-9

Daily hours limit

10 hours.

EXCEPTIONS
If work cannot be postponed and other measures cannot reasonably be taken, the employee may work at most once per 2 week period 14 hours at night.

The employer may order 5 times at most in each 14 day period and 22 times in each 52 week period night work of up to 12 hours, provided that afterwards a consecutive rest period of 12 hours is granted.

The daily limit does not apply in case of a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.

COLLECTIVE AGREEMENT
If, for a different period than between Friday 18.00 and Monday 8.00 or on Public Holidays or 5 December, unforeseen circumstances arise having the effect that the number of workers available is below the required minimum, the employee may be required to work at most twice in any 14 day period and up to 8 times in each 52 week period, for a maximum of 12 hours in one night, provided that 12 hours of consecutive rest are granted afterwards and a collective agreement provides for such a possibility.
Working Time Act §5:8.1, 5:8.3, 5:10.1
Working Hours Decree §4.3:1, 4.7:2.3

Weekly hours limit

40 hours limit in average over each 16 week period (additionally to the 60 hours limit per week), provided that at least 16 times night work in each 16 week period is performed.

Collective agreements may provide that the employee may work 40 hours in average over a reference period of 52 weeks, provided that unforeseeable circumstances or the nature of work causes a fluctuating workload, making the employee work more than in average 40 hours per week on average over a 16 week period, and work cannot reasonably be organised in another way, OR an employee is mainly supervising other workers in the name of the employer.
Working Time Act §5:8.2
Working Hours Decree §4.9:2

Daily rest periods

If night work ends after 02.00, the employee has to be granted a rest period of at least 14 hours, which may be shortened once in each 7 day period to at least 8 hours, if the nature of the work or the enterprise conditions so demand.

If the employer orders night work of up to 12 hours (exceptionally possible at most 5 times in each 14 day period and 22 times each 52 week period), work has to be followed by a consecutive rest of 12 hours.
Working Time Act §5:8.3, 5:8.4

Workers' health

When starting night work for the first time, workers must be given the opportunity to undergo a health assessment.
Working Conditions Act, 15 January 1997:article 2:43.2

Transfers

If a medical examination determines that a worker has health problems that result from working at night, the employer is required, within a reasonable period, to transfer the worker to day work, unless this cannot reasonably be expected from him.
Working Time Act §4:9.1, 4:9.2

Special categories


Shift workers

Work carried out in uninterrupted shifts may be extended or shortened by at most 15 minutes if this is required for ensuring good progress of work.
Working Hours Decree §4.4:1

Pregnant workers/recent birth

A pregnant worker and a worker up to six months after childbirth cannot be required to work at night unless the employer can demonstrate that adherence to this prohibition cannot reasonably be expected from him.
Working Time Act §4:5.5, 4:7

On-call work

ON-CALL WORK AT NIGHT
60 hours weekly at most and 40 hours in average in each 16 week period, provided that during this period consignatie is assigned at least 16 times, which partly or fully includes the period between 00.00 and 06.00.
Alternatively, workers who are assigned consignatie for at least 16 times in a 16 week period, which partly or fully includes the period between 00.00 and 06.00, provided that they are granted a consecutive rest period of at least 8 hours after the last call that started between 00.00 and 06.00 or after the shift that followed within 18 hours of a call between 00.00 and 06.00 and that at most 45 hours in average over the 16 week period is worked.
Working Time Act §5:9.5, 5:9.6

SHIFT WORK


ON-CALL WORK


Criteria

On-call work (consignatie) starts at the moment of a call to work.

STANDBY
Standby (attendance shifts) can be introduced where the nature of the work makes it necessary and it cannot be prevented by organizing the work differently. They can be introduced only by collective agreement.
Working Time Act §5:9.7
Working Hours Decree §4.8:1.1, 4.8:1.2

Prohibitions and limitations

On-call work (consignatie) is prohibited for workers under 18 years of age.

The provisions on on-call work do not apply to workers of 18 year or older, performing work in or for the employer´s private household in order to fully or partly earn a living, and who live in the household (live-in domestic workers).
Working Time Act §5:9.1
Working Hours Decree §2.1:1.1

Limits

ON CALL WORK
The employer shall guarantee that in each 28 day period, the employee is not assigned on call work (consignatie) for at least 14 full days, and that twice 48 consecutive hours are free of any work, including on call work.

STANDBY
The employer has to organise work in such a way that the employee performs at most 52 times in each 26 week period standby.

Collective agreements may deviate from these provisions in exceptional circumstances, if the nature of work or the circumstances of the workplace justify this.
Working Time Act §4:9.2, 4:9.3
Working Hours Decree §4.8:1.2, 4.8:1.3, 4:8:1.4

Daily hours limit

13 hours of on-call work (consignatie) at most in each 24 hour period.

Exceptions to the general daily limit apply when the nature of work necessitates it that the work is to a considerable extent carried out by stand-by work (aanwezigheidsdienst) and that this cannot be prevented by organising the work in a different way.
Working Time Act §5:9.4
Working Hours Decree §4.8:1

Weekly limit

The employer has to organise work in such a way that the employee performs standby at most in average 48 hours per week in each 26 week period,
Provided that the employee agrees in writing, the employer must not average the working time for standby (aanwezigheidsdienst) in each 26 week period to 48 hours. The limit of 60 hours per week applies.
Working Hours Decree §4.8:1.3, 4.8:2

Rest breaks

Work following a call to work during on call work (consignatie) is not taken into consideration when calculating rest breaks.
Working Time Act §5:9.8

Daily rest period

ON CALL
No on call work (consignatie) shall be assigned for 11 consecutive hours preceding and 14 consecutive hours following night work.

Work following a call to work during on call work is not taken into consideration when calculating the daily rest period.

STANDBY
The employer has to organise work in such a way that before and after a standby duty a consecutive rest period of 11 hours is granted, which may once in every 7 day period be shortened to 10 hours and once to 8 hours provided that after a shortening of the rest period the following rest period is at least 11 hours long and extended by the number of hours up to which the preceding rest period had been shortened.
Working Time Act §5:9.8
Working Hours Decree §4.8:1.3, 4.8:1.5

Calculation of working time

Working time begins when a worker is called upon to perform work. If, within half an hour of finishing work arising from a call, the worker is again called upon to perform work, the time between these two work periods counts as working time.
Working Time Act §5:9(7)

Weekly rest period

Work following a call to work during on call work (consignatie) is in general not taken into consideration when calculating the weekly rest period.

STANDBY
The employer has to organise work in such a way that each 7 day period a rest time has of at most 90 hour is granted altogether, including a consecutive rest period of at least 24 hours.
Working Time Act §5:9.8
Working Hours Decree §4.8:1.3, 4.8:1.5

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Workers have the right to request changes in their working hours, provided that the worker is employed by the employer for at least 1 year.
Adjustment of Working Hours Act §2:1

Limitations

The right to request working time changes is not available to workers who have been employed for less than one year.

Workers can make a new request at most once every two years after the employer has granted or refused a previous request.

The rules on changing working hours do not apply to employees who employ fewer than 10 employees. These employers must make their own arrangements with respect to the right to change working hours.
Adjustment of Working Hours Act §2:1; 2:3; 2:12

Employer duties

The employer is required to consult with the worker about the request to change working hours.
The employer must schedule working hours in accordance with the wishes of the worker.
Adjustment of Working Hours Act §2:4, 2:6

Permissible reasons for refusal

RESCHEDULING WORKING HOURS

The employer can refuse the requested scheduling of the working hours if there is an interest so substantial that the wishes of the worker must yield to this interest, in line with standards of reasonableness and fairness.

REDUCING AND INCREASING WORKING HOURS

The employer must agree to the worker’s request, with respect to the date on which it will take effect and the extent of the change in the hours, unless substantial business or employment interests would prevent it.

In case of a request to reduce working hours, a substantial business or employment interest exists where the reduction would lead to severe problems:
(1) for management in filling the released hours;
(2) for workplace safety; or
(3) for scheduling.

In case of an increase in working hours a weighty business- or employment interest exists in any case where such an increase will lead to serious problems a) of a financial or organisational nature; b) due to the unavailability of sufficient work, or; c) because the determined amount of full-time posts or the personnel budget is insufficient
Adjustment of Working Hours Act §2:5, 2:6, 2:8, 2:9

Procedure

The request to change working hours must be submitted to the employer at least 4 months prior to the point at which the worker wants it to come into effect.

The worker must indicate the date of the change, the extent of the change in hours and the scheduling of those hours.

The decision about the request to adjust working time must be given to the employee in writing. If the employee does not grant the request or determines the scheduling of the working hours differently from the worker’s wishes, written arguments must be provided.

If the employer has not come to a decision about the request a month before the change in working time has been requested, the worker’s working time must be adjusted in accordance with his or her wishes
Adjustment of Working Hours Act §2:3; 2.7; 2:10

INFORMATION & CONSULTATION


Information

The work and rest patterns will be determined by the employer in writing. He/she will make the schedule available in such a way that every employee who wishes to do so has the opportunity to learn about the work and rest patterns.
The employer who determines or re-determines a working time pattern for his worker will inform this worker of the working time pattern as early as possible, but at least 28 days in advance.

If the nature of the work prevents this, the employer will inform his worker at least 28 days in advance on which day the weekly rest period and Sunday rest period will begin. He will also inform the worker at least 4 days in advance of the hours on which he is to work.
Working Time Act §4:1.2, 4:2.1-2, 4:2.3

Consultation

The employer consults, when scheduling working and rest time, with the concerned employees in case that no representative body exists.
Working Time Act §6:1
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Results generated on: 23rd April 2014 at 20:44:08.
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