Most employment contracts clearly state how many hours you’re expected to work each week. In reality, though, busy periods, deadlines or staff shortages can mean putting in extra hours. So what are your rights when it comes to overtime in the Netherlands?
How many hours can you legally work?
Dutch employment law can protect employees from excessive working hours. The key rules are set out in the Working Hours Act (Arbeidstijdenwet), which focuses on safeguarding health and work-life balance.
For most employees, the limits are as follows:
- You may work up to 60 hours in a single week in exceptional cases
- Over a 16-week period, your average working time must not exceed 48 hours per week
Employers are responsible for tracking working hours and ensuring these limits aren’t exceeded.
It’s worth noting that the Working Hours Act does not apply to everyone. If you earn more than three times the statutory minimum wage, these rules may not apply to your role.
Is overtime always paid?
Not necessarily. Whether you’re entitled to compensation for overtime depends largely on your employment contract or any applicable collective labour agreement (CAO).
There are generally three common arrangements:
- Paid overtime: You receive additional pay for extra hours worked
- Time off in lieu: Overtime is compensated with extra leave hours
- All-in salary: Your salary is considered to cover a reasonable amount of overtime
If your contract includes an “all-in” salary clause, you will in principle not receive extra pay for additional hours.
When does overtime become an issue?
Even if your contract states that overtime is included in your salary, there are limits to what is considered “reasonable”.
A recent court case highlighted this. An employee working as an executive assistant claimed compensation for a large number of overtime hours. Although her contract stated that overtime was included in her salary, the court ruled that:
- The employer knew about the overtime and allowed it
- The number of extra hours exceeded what could reasonably be expected
The court decided that a certain level of overtime (around eight extra hours per week) could be considered part of the role. However, anything beyond that had to be compensated. As a result, the employer was required to pay for the remaining overtime hours.
What should you watch out for?
If you regularly work overtime, it’s important to check:
- What your contract says about overtime
- Whether a CAO applies to your job
- If your working hours stay within legal limits
- Whether your employer is aware of (and approves) your extra hours
Regularly working long hours without clear agreements can lead to disputes later on.
Conclusion
Overtime is fairly common in many jobs, but that doesn’t mean there are no rules. Dutch law sets clear limits on working hours, and your contract should outline how extra time is handled.
Legal advice
If you’re unsure about your situation, or feel you’re working more than you should without proper compensation, it’s wise to get legal advice. Feel free to contact one of the legal experts at GMW Lawyers to understand your rights and options. We can work it out!
