Do Employees in the Netherlands Have the Right to Determine Their Own Working Hours?

To some extent, employees in the Netherlands have the right to work flexible hours. Pursuant to the Dutch Flexible Working Act (Wet flexibel werken; Wfw), they may ask their employer to reduce the number of working hours and to spread their working hours differently over the week. The employer may only refuse such a request on the basis of substantial business interests. 

"I want Fridays off but I don't want to lose too much pay"

The Zwolle Subdistrict Court recently ruled that an employer was entitled to deny an employee's request to start working four nine-hour days a week. 

The employer's company manual stipulated that working hours were from 8 a.m. to 5 p.m., including a one-hour break, i.e., eight-hour working days. The employee wanted Fridays off and had asked for (i) a reduction of working hours from 40 to 36 hours, (ii) spread over four nine-hour working days.

Flexible Working Act

According to the Wfw, an employer must respond to a request for an adjustment of working hours and/or working time at least one month before the intended effective date. If the employer fails to do so, the request is deemed to be granted in line with the employee's wishes.

The employer in this case had in fact responded to the request in time, thereby approving the reduction of working hours, but denied the request to spread these over four days. The employer proposed alternatives: The employee could alternate working weeks of four eight-hour days and working weeks of five eight-hour days, or could work a working week of four eight-hour days (32 hours in total) with Thursdays off.

The Subdistrict Court 

The employee took the matter to court, claiming (i) he needed one day off each week to improve his work-life balance, and (ii) working just 32 hours a week was not financially feasible.

The employer relied on its business interest in enforcing its policy to prevent (i) organizational and scheduling problems, and (ii) mental and physical overload of its employees, while also seeking to avoid setting a precedent.

The Subdistrict Court was of the opinion that this business interest outweighed the employee's interest in having one day off every week without losing too much salary, partly because the employer had proposed alternatives.

This was not altered by the fact that, after an individual weighing of interests, the employer had allowed another employee a working week of four nine-hour days on the basis of compelling personal circumstances. 

Violation of the law

The Subdistrict Court also clarified that a policy containing a general rule not to allow working days of more than eight hours was not contrary to the Wfw. The employer had clearly explained that it would perform an individual weighing of interests for each request and would allow working hours to be spread differently if necessary. In other words, the employer had shown a willingness to be flexible.

Consistent and fast

Determine in advance to what extent flexibility is feasible at the company. On that basis, requests under the Wfw can be dealt with quickly and consistently. An individual weighing of interests will then need to be performed. Do not forget to observe the one-month response term before the intended effective date. If the employer does not respond in time, the requested adjustment is deemed to have been granted.