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Netherlands

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Netherlands

Standard working hours

The Netherlands prioritizes a healthy work-life balance for its employees, reflected in its regulations on working hours. The standard workweek in the Netherlands is 38 hours, as stipulated in most collective bargaining agreements. In practice, most full-time positions range from 36 to 40 hours per week, translating to 7-8 hours daily, Monday through Friday.

By law, employees cannot be required to work more than 12 hours per day. The maximum working week is generally capped at 60 hours. However, this should be an exceptional scenario, not the norm.

Specific working hours might be subject to negotiation within collective bargaining agreements for certain sectors. This act outlines regulations regarding working hours and other related aspects.

Overtime

The Netherlands maintains a healthy work-life balance compared to other countries, and overtime is not as prevalent. Here's an overview of the rules and compensation for overtime work:

The Working Hours Act (Arbeidstijdenwet) establishes maximum working hours to protect employee well-being. These limits include 12 hours per day and 48 hours on average over a 16-week period. There can be temporary exceptions allowing up to 60 hours per week, but not exceeding an average of 55 hours over a four-week period. Collective bargaining agreements (CAOs) may permit slightly longer working weeks, but these cannot exceed the 60-hour limit.

There's no specific law determining overtime pay in the Netherlands. Instead, compensation is determined by the employment contract, which might specify a rate (typically 50% or 100% extra) or time off in lieu. Collective Bargaining Agreements (CAOs) may set overtime pay rates or rules. Employees classified under a higher salary scale (scale 11 or above) often have overtime included in their base salary.

Employees are not entitled to overtime compensation if they worked without an employer's instruction or if the overtime is less than one hour after their standard working hours. Employees are responsible for recording their overtime hours.

Rest periods and breaks

In the Netherlands, strict regulations are adhered to regarding rest periods and breaks for employees. These entitlements are outlined in the Working Hours Act (Arbeidstijdenwet) and the Working Hours Decree (Arbeidstijdenbesluit).

Employees are entitled to breaks that are not considered working hours and are therefore unpaid. The mandated breaks are as follows:

  • After 5.5 hours of work, employees must receive a minimum break of 30 minutes. This break can be split into two 15-minute intervals.
  • For those working longer shifts of 10 hours, they are entitled to a minimum break of 45 minutes. This extended break can also be divided into smaller periods, each lasting at least 15 minutes.

Collective Bargaining Agreements (CAOs) may establish different break structures, but employees must still receive at least a 15-minute break after working 5.5 hours. It's important to note that breaks cannot be used to extend a workday. Employees cannot begin or end their shift with a break period.

In addition to breaks, Dutch law mandates minimum rest periods between shifts and workweeks.

  • Daily Rest: Employees are entitled to a minimum of 11 consecutive hours of rest in a 24-hour period. This minimum rest period can be reduced to 8 hours once per week under exceptional circumstances related to the nature of the work or business needs.
  • Weekly Rest: All workers have the right to at least 36 consecutive hours of rest per week. If a longer workweek is necessary, employees must be granted a minimum of 72 consecutive hours of rest within a 14-day period. This longer rest period can be divided into two separate blocks of at least 32 hours each.

Night shift and weekend regulations

In the Netherlands, regulations regarding night shifts and weekend work are outlined in the Working Hours Act. These regulations aim to protect employee health and well-being while acknowledging the needs of certain industries that may require night or weekend operations.

Night work is defined as any work exceeding one hour between midnight and 6:00 AM. The standard night shift cannot exceed 10 working hours. Night shifts ending after 2:00 AM require a minimum of 14 consecutive hours of rest before the next shift. This extended rest period can be shortened to 8 hours only once per week under exceptional circumstances. Night shifts ending before 2:00 AM require a minimum of 11 consecutive hours of rest.

In specific situations, a 12-hour night shift can be permitted. However, this is only allowed a maximum of five times every two weeks, translating to 22 times per year. Following a 12-hour night shift, employees must receive a minimum of 12 hours of uninterrupted rest. The yearly maximum for night shifts is typically 117. Only in exceptional circumstances, with permission from the Netherlands Labour Authority, can this be extended to 140 nights per year.

For employees consistently working nights, a Permanent Night Work Waiver might be applicable. If granted, this allows a maximum of 20 night shifts per four weeks, totaling 260 nights annually.

Sunday work generally requires employee consent within the Netherlands. However, an exception exists for a specific weekend night shift scheme. This scheme permits employees to work two extended night shifts (maximum 11 hours each) between 6:00 PM on Friday and 8:00 AM on Monday, alongside a standard 10-hour night shift.

Following an extended weekend night shift, a minimum rest period of 12 hours is mandatory. Employees opting for this scheme must have at least 26 Sundays off per year. This scheme cannot be combined with the regulations for extended night shifts (12 hours).

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