Working Hours Act

Statutory working hours

Working hours are the hours your employee works for you. The law (arbeidstijdenwet) determines how many hours someone is allowed to work. A work week runs from 00:00 on Monday until 23:59 on Sunday. Employees aged 18 and over can work a maximum of 12 hours per day and 60 hours per week. This is not allowed every week. Your employee may work an average of:

• 48 hours a week over a 16-week period, or
• 55 hours per week over a 4-week period.

Your employee is also entitled to rest periods (in Dutch). After a working day, your employee must not work for at least 11 hours. And employees must have a weekly rest period of 36 consecutive hours.

If you employ drivers, rules on driving times and rest periods apply to journeys within Europe.

Exceptions working hours

There are exceptions. For example, for seasonal work or during peak times. Or in unexpected situations, such as when a serious accident on the work floor happens, and extra supervision is needed. Your employees may then temporarily work more hours per day. This is also permitted if it is stated in your collective labour agreement (CAO) or if there are agreements about it. Different rules for working hours and rest periods apply to a number of employees and professions (in Dutch). There are also separate rules for work by minors and young adults. And for working new and expectant mothers.

Working hours obligations

There are several obligations that you must comply with as an employer. For example, you must keep track of the hours worked. You must also take the employees' personal circumstances into account.

Do the working hours apply to all employees?

The Working Hours Act applies to all your employees, including temporary agency staff, trainees, and foreign personnel. You can only deviate from the Working Hours Act if an employee earns more than 3 times the minimum wage per year. The Act does not apply to self-employed professionals. Unless other people's safety is at risk. For example, self-employed truck drivers must follow the rules for driving hours and rest periods (in Dutch).

Can you change working hours just like that?

If you want to change the work schedule, you must announce it to your employees on time. This must be done at least 28 days in advance. Unless other agreements have been made about this.

What about commuting time?

Time spent commuting between home and work is not work time. Travel between work sites and for work purposes does count as working time. A few exceptions also apply regarding commuting between home and work. For example, if you instruct an employee to pick up or drop off colleagues at home in a company vehicle. These trips do count as travel for work purposes for that employee. For the colleagues who are passengers, the trips still count as a commute.

Are breaks part of working hours?

A break is not working time (in Dutch). A break is intended as an interruption of working time. During breaks, your employee is not entitled to wages. Unless you have agreements for continued pay during the break.

The following rules apply to breaks:

• If an employee works for more than 5.5 hours, they are entitled to a 30-minute break. This may be split into two 15-minute breaks;
• If an employee works for more than 10 hours, they must have at least a 45 minutes break. This may be split into several breaks, each of which must be at least 15 minutes.
• Do you have a collective labour agreement, CAO? Then you may make other agreements about breaks. But your employee is still entitled to 1 break of 15 minutes after 5.5 hours of work.
• Your employees may not start or end a workday with a break.

When does a break not apply?

In 2 situations, your employees are allowed to continue working without taking a break:

• Your employee works alone and has no direct contact with a colleague doing the same work.
• The nature of the work makes it impossible to take a break. This must be in the CAO or company regulations.

Irregular hours and overtime

Some jobs or industries require employees to work irregular hours, weekends, or nights. Think of hospitals, security, events, or transport. Your employee must have agreed to work these hours. It is in their employment contract. If it is not, they may refuse. You must also ask your works council or staff representation for permission. These rules apply:

Does your employee want to work more or fewer hours?

Does your employee want to work more or fewer hours than you have agreed? If so, you must always approve this. You may only refuse if you can show that your business will suffer. Your employee may ask for an adjustment 6 months after being employed. And once a year thereafter. Does an employee's personal situation change unexpectedly? Then they may make a second request. The adjustment may be temporary.