Enforcement policy Working Hours Act

If an employee works too many hours or works too many night shifts, the Netherlands Labour Authority may take enforcement action against the employer. In that case, the inspector may:

• issue a warning;
• set a requirement (i.e. demand that measures be taken);
• have the work suspended (the employee must stop working);
• write a fine report;
• draw up an official report.

The enforcement action to be taken by the inspector depends on:

• the type of violation;
• the seriousness of the violation;
• whether it is a first violation or a repeat violation.

Dutch working hours legislation is extensive and detailed. For this reason, only the main points are outlined here and no rights can be derived from this information.

An inspection based on Dutch working hours legislation usually starts with checking the records of the hours worked. The hours worked must be recorded properly. This means that the inspector must be able to see how many hours each employee has worked and when (at what time). And how much break time and time off the employee has had.

To assess this, the inspector first looks at a period of four weeks. He wants to know how many hours employees have worked and how much rest they have had. If necessary, the inspector will look at a longer period.
This allows the inspector to determine whether the organisation has a structural problem with working hours. If the problem appears to be structural, the inspector will sometimes also check the organisation's working hours policy.

Examples

• Sometimes employees have several employers. Even then, employees must get enough rest and not work too many hours. If an employer is aware of this, they must take it into account.
• Night shifts are particularly demanding. That is why the inspector also checks whether employees get enough rest after a night shift and whether they do not work too many night shifts.

Work performed by children (up to the age of 15)

Dutch Working hours legislation imposes additional conditions on work performed by children. These conditions relate to the work they are allowed to do, their working environment and their pace of work. There are also conditions regarding information and supervision and work and rest periods.
The older a child is, the more they are allowed to work. Older children are also allowed to do more types of work.
During an inspection, the inspector checks whether any young people under the age of 18 are working. If any young people are working, the inspector will first assess whether:

• It is a job on the side or holiday work.
• It is a work placement or practical training.
• It is artistic work performed by children, such as participating in a theatre show or TV recordings.

The inspector will then check whether the work is permitted for this group.
Not only the employer, but also the child's parent or carer is responsible. This means that the parent may also receive a warning or fine under Dutch Working hours legislation.

Work performed by young people (aged 16 and 17)

Dutch working hours legislation contains rules on work and rest periods for young people. Time spent at school also counts as a work period, for example.

Work performed by new and expectant mothers

Pregnant or breastfeeding women must be able to work safely and healthily. That is why Dutch Working hours legislation contains additional conditions for work performed by new and expectant mothers. For example, pregnant women are entitled to adjusted working hours, extra breaks and pregnancy and maternity leave.

• Does the employer comply with Dutch working hours legislation?
• Does the employer take into account (as much as possible): the personal circumstances of the employee, the state of technology and the collective labour agreement (if any)?
• Does the employer check the hours actually worked and does he evaluate the experiences gained with working hours/work rosters?

If the inspector discovers any violations of Dutch working hours legislation, he may also examine the employer's policy. This allows the inspector to investigate why the violations occurred. For example, because there is no special policy for pregnant women. Or because there is insufficient knowledge of night work, resulting in poor scheduling.

There are 3 groups of 'similar violations'. These are violations that are similar to each other and fall within the following groups:

• Administration (policies, assessment and evaluation, recordkeeping).
• Work and rest periods.
• Special groups (children, young people and new and expectant mothers).

Similar violations are listed in Section 3 of the 'Regulations Tightening Enforcement and Sanctions Policy under Working hours legislation'.

The Netherlands Labour Authority enforces stricter measures if it observes the same or a similar violation for a second time (or more often). The fine will then be higher than the first fine that was imposed.
If the Netherlands Labour Authority observes the same violation, or one that is similar, within a certain period, it will take more stringent action. This period is called a recidivism period, which is 5 years for most violations, but 10 years for serious violations.

If a company violates Dutch Working hours legislation, the Netherlands Labour Authority may use the following enforcement methods:

• Warning
• Requirement
• Fine/fine report
• Suspension of work (the employee must stop working)
• Official report
• Warning of suspension of work in connection with a repeat violation
• Order of preventive suspension of work in connection with a repeat violation
• Order subject to a penalty

See more information about sanctions and enforcement methods (Dutch).