The Working Hours Act (Arbeidstijdenwet)

Working consumes energy, both mental and physical. That is why employees are not permitted to work for too many hours on end. The Working Hours Act contains rules about working time, rest periods, breaks and night shifts. This law applies to all employees aged 18 and over. It also applies to trainees, temporary workers and seconded workers.

What does The Working Time Act regulate?

The Working Time Act contains general rules about:

• Working hours and rest time. The maximum number of working hours per week is set out in the Act. As well as the length of rest periods.

• Breaks. If you work for more than 5.5 hours, you are entitled to a break. Your collective agreement (CAO) may contain other provisions.

• Night shifts. Night shifts are additionally stressful. Therefore, special rules apply. The Working Hours Act stipulates how often you can work a night shift and how long these night shifts can be.

• On-call services. On-call provisions are found in the Working Hours Act. The collective agreement may contain other rules.

• Working hours for young people under the age of 18. Young people under the age of 18 must attend school, but can have part-time or holiday jobs. Separate rules apply for young people so that they can get enough rest and do not do heavy work.

• Working hours for pregnant women or women who have recently given birth. Special provisions apply to pregnant women or women who have recently given birth, such as additional rest periods and regular working hours.

• Working on Sundays. You do not have to work on Sundays. Unless this has been agreed in advance with your employer, and whether it is necessary to do the work.

Working hours and different workplaces

If you have several workplaces, the Working Hours Act applies to all your activities. By adding up the different work periods, you can determine what your working hours and rest periods are.

When the Working Hours Act applies

• If you work for an employer, the Working Time Act applies to you.
• How does an employee earn three times the minimum wage or more? In that case, the Working Hours Act does not apply. Except if these employees work night shifts or perform risky work.
• This also applies to the self-employed. For them, too, the Working Hours Act generally does not apply, except if they perform work that may involve risk, such as truck drivers.
• The Working Hours Act does not apply to volunteers aged 18 and older. Volunteers aged 16 or 17 cannot do work between 11 p.m. and 6 a.m. For children aged 15 and younger who do volunteer work, the same rules apply as for (light) work for which they are paid.
• The Working Hours Act applies to all work you do as an employee. If you have several jobs, you have to add up the different working hours. In this way you can find out what your working hours and rest periods should be.

Exceptions and additions to the Working Hours Decree

For certain professions and sectors, there are additional rules on working and rest times contained in the Working Time Ordinance. For example, for firefighters. These regulations deviate from the general regulations of the Working Hours Act and are set out in the Working Hours Ordinance. For example, a firefighter must remain at the workplace for a maximum of 24 hours in order to be able to respond quickly to a call-out. Without additional regulations, he would be in breach of the general regulations on breaks and rest.

The working time regulation only applies if this has been agreed in a collective agreement.

Dutch Labour Inspection monitors the Working Hours Act

The Dutch Labour Inspection (Arbeidsinspectie) monitors whether companies comply with the Working Hours Act. The Dutch Labour Inspection can impose fines on companies that violate the legislation. Or it can draw up an official report, which can lead to prosecution.

Examples of exploitation in the workplace

A high risk of trafficking or exploitation exists when an employee:

• has to do dangerous and unhealthy work;
• is paid too little, is not paid or is paid too late;
• does not have his or her own passport;
• is brought to the Netherlands with false promises;
• is exploited, blackmailed, coerced or intimidated;
• has to repay a large debt to an employer;
• cannot access the money in their own bank account;
• is paid on the black market or is not insured, e.g. against accidents;
• does not know their home address.

If you know of any of the above examples, there is a high probability that you are being abused. Contact us and we will advise and assist you so that the perpetrator is reported to the relevant authorities.