The Working Hours Act (Arbeidstijdenwet) sets the rules on how many hours employees can work each day and week. In some cases, employees may work longer, but this is only allowed if absolutely necessary. You cannot adjust working hours without following the proper steps.

Maximum Working Hours

Working hours are the time your employee spends working for you. The law defines the limits. A workweek runs from Monday 00:00 to Sunday 23:59. Employees aged 18 and older can work up to 12 hours a day and 60 hours a week. However, this is not allowed every week. On average, employees may work:

1. 48 hours per week over a period of 16 weeks, or
2. 55 hours per week over a period of 4 weeks.

Employees must also get enough rest. After a working day, they must have at least 11 hours of uninterrupted rest. Every week, they should get 36 consecutive hours off.

If you employ drivers, different rules apply for driving and resting times across Europe.

Exceptions to the Standard Working Hours

There are exceptions, such as during seasonal peaks or unexpected emergencies like a workplace accident. In these cases, employees may work extra hours. This is also allowed if your collective labour agreement (CAO) or internal agreements cover it. Special rules exist for:

1. Minors and young adults
2. New and expectant mothers
3. Specific jobs or industries

Employer Responsibilities

As an employer, you must meet several requirements:

1. Keep a record of working hours.
2. Consider personal circumstances of employees when scheduling work.

Who Must Follow the Working Hours Act?

The rules apply to:

1. Permanent staff
2. Temporary agency workers
3. Interns
4. Foreign employees

You can only make different arrangements if an employee earns more than three times the minimum wage annually. The law does not apply to self-employed workers, unless safety is a factor — for example, self-employed truck drivers must follow driving and rest time rules.

Changing Work Schedules

You cannot simply change an employee's work schedule. Any changes must be communicated at least 28 days in advance, unless other agreements are in place.

Travel Time: What Counts?

Travel between home and the workplace does not count as working time. However, travel between work locations does count. If an employee picks up colleagues with a company car, this trip is also seen as working time for the driver but remains commuting time for the passengers.

Are Breaks Included in Working Hours?

Breaks are not counted as working time. Employees are usually not paid for breaks unless agreed otherwise.

Break rules:

1. After 5.5 hours of work: at least 30 minutes of break (can be split into two 15-minute breaks)
2. After 10 hours of work: at least 45 minutes of break (can be divided into parts, minimum 15 minutes each)

Employees cannot start or finish their shifts with a break. Your CAO might allow different arrangements, but a minimum 15-minute break after 5.5 hours must be respected.

Situations When Breaks Can Be Skipped

Employees can work without a break if:

1. They work alone without direct colleagues nearby.
2. The nature of the work makes breaks impossible, and this is stated in your CAO or company rules.

Irregular Hours and Overtime

Some sectors, like healthcare, transport, and security, involve working nights, weekends, or irregular hours. Employees must agree to this in their employment contracts. If not, they can refuse. Permission from the works council or staff representation is also needed.

Working on Weekends

1. Maximum 12 hours per shift and 60 hours per week.
2. Employees must have at least 13 free Sundays each year.
3. Employees can refuse to work more than 40 Sundays a year.
4. No legal requirement for higher pay for weekend work unless your CAO says otherwise.

Overtime

Overtime counts towards the daily and weekly maximums (12 hours/day, 60 hours/week).

There is no legal rule about how much extra overtime pay employees should receive. This can be arranged in your employment contract or your CAO.

Starting January 1, 2025, employers will no longer pay higher unemployment contributions for overtime if employees work 30 hours or more a week.

Working at Night

Night work is when an employee works more than one hour between midnight and 6 a.m.. A night shift can last up to 10 hours and must be followed by a longer rest period.

Employees can work:

1. Up to 117 night shifts per year.
2. In special cases, up to 140 night shifts.
3. If someone always works nights, they must apply for a Permanent Night Work Waiver. With this waiver, they can work up to 260 night shifts a year.

Standby Duty and On-Call Shifts

During standby duty, employees must be available outside regular working hours, like evenings or weekends. They are only paid for the hours they actually work when called in. Different pay rules may apply if stated in the CAO.

Employees Wanting More or Fewer Hours

Employees can ask to work more or fewer hours after six months of employment and once every year after that. You must allow it unless you can show it would harm your business. If their personal situation changes unexpectedly, they can make an extra request. These changes can also be temporary.