Before starting your first job in the Netherlands as an expat, or before signing an employment contract that sets out your working conditions, it is essential to understand what Dutch labour law says about working hours, overtime, and breaks.
This article will help you understand your rights regarding the number of hours you may be required to work, your entitlement to rest periods, and when you are owed compensation for overtime.
What does a standard work-week in the Netherlands entail?
In the Netherlands, employees typically work either full time or part time, depending on the nature of the job, the position, or the employee’s personal circumstances.
1. Full-time work
You are considered a full-time employee if you work between 36 and 40 hours per week. However, a sector-specific collective labour agreement (collectieve arbeidsovereenkomst or CAO) may set a different standard for what constitutes full-time work.
2. Part-time work
Part-time work is defined as working between 12 and 36 hours per week. Under Dutch law, part-time employees have the same legal rights and benefits as full-time employees, unless the law specifically provides otherwise.
Regardless of the number of hours an employee works, the Arbeidstijdenwet (Working Hours Act) applies to all employees, and employers must comply with its rules and regulations.
Maximum working hours and overtime
Under the Arbeidstijdenwet, employees aged 18 years and over may work no more than 12 hours in a single day and no more than 60 hours in a single week. Over a four-week period, the average workweek may not exceed 55 hours, and over a sixteen-week period, it may not exceed 48 hours. These limits include any overtime worked and are not in addition to regular hours.
There are no statutory rules in the Netherlands regarding the rate of overtime pay. Any overtime compensation is usually stipulated in the applicable CAO or set out in the employment contract.
In certain industries or unforeseen situations, special exceptions to the maximum working hours may apply, but these must be provided for in a CAO.
Night shift
An employee is considered to be working a night shift if more than an hour of their working time falls between the hours of 00h00 and 06h00 (CE(S)T). A night shift may not last longer than 10 hours, and employees are entitled to an extended rest period afterwards.
The maximum number of night shifts an employee may work per year is 117, although in exceptional circumstances this limit may be increased to 140. Where night shifts form a permanent requirement of a role, the employer must obtain special permission from the Netherlands Labour Authority.
Mandatory breaks and rest periods
Employees must take a break of at least 30 minutes after working 5 ½ hours. However, if the workday exceeds 10 hours, they are entitled to a break of at least 45 minutes. These breaks are unpaid and do not count as working time.
After completing a full workday, employee must have at least 11 consecutive hours of rest, which may be reduced to 8 hours once within a 7-day period if necessary.
After working 5 consecutive days, employees must have at least 36 consecutive hours of rest, or alternatively, 72 consecutive hours of rest within a 14 day period.
In addition to these daily and weekly rest periods, full-time employees are entitled to a minimum of 20 days of paid annual leave per year, calculated as 4 times the number of days worked per week. However, many CAOs or employment contracts grant additional leave.
Applicability of the Arbeidstijdenwet
The Arbeidstijdenwet applies to most individuals working for an employer in the Netherlands, including interns, temporary employees, and seconded employees. However, certain categories of workers are wholly or partially exempt from its provisions. These exemptions include:
- Situations involving sudden and unforeseen dangerous circumstances;
- Cases where compliance with statutory regulations would disrupt the maintenance of public order;
- Individuals working on a voluntary basis;
- Scientific researchers;
- Performing artists.
When an employer violates the Arbeidstijdenwet
If your employer requires you to work outside the limits set by the Arbeidstijdenwet, you should first raise the matter directly with them. If this does not resolve the issue, you can contact your ondernemingsraad (works council) or staff representative. If no ondernemingsraad exists, our labour lawyers can assist you in filing a complaint with the local court system or reporting the matter to the Netherlands Labour Authority.
The Netherlands Labour Authority also conducts regular inspections to ensure compliance. Employers found to be in violation may receive a warning or be subject to fines and other enforcement measures.
Understanding your rights under the Arbeidstijdenwet is essential for protecting yourself from excessive working hours. Whether you are new to the Netherlands or have been working here for years, knowing the legal limits on working time, overtime, night shifts, and rest periods can help you address potential workplace issues early.
