Working hours in catering

Working Hours Act

When it’s busy, it’s logical that your employer wants to schedule you more often and relies on you less when it’s quieter. To protect employees, there is the Working Hours Act. The Working Hours Act (WHA) applies to all employees earning less than three times the statutory minimum salary. Employees who earn more but regularly work at night and/or in high-risk areas are also covered by the Working Hours Act. According to the Working Hours Act, a shift cannot exceed 12 hours and the weekly working time is a maximum of 60 hours. Over a period of 4 weeks, you may work an average of up to 55 hours per week and over 16 weeks an average of 48 hours per week. Different rules apply for those under 18 years of age.  

Working hours in catering

For employees in Part A, the following applies. A working week consists of 40 hours (and 9 hours per day). With a full-time contract, you have 13 roster-free days per year (also known as atv). Due to the roster-free days, you effectively work 38 hours per week. It is possible to buy or sell roster-free days. The rules for this depend on your age.

Each year, you are entitled to 22 free weekends; on Saturday and Sunday or Sunday and Monday. There is one exception to this rule: if you work in a five-shift system, you are entitled to 16 free weekends per year.

After 4.5 hours of work, you are entitled to an unpaid break of half an hour. Every 24 hours, you must have at least 11 hours of rest. Are you under 18? Then you may not work between 11 p.m. and 7 a.m. You also work a maximum of 40 hours per week and 8 hours per day.

Are you covered by Part B of the CLA? The normal working time is 1,976 hours per year. On average, this equates to a 38-hour working week. In every period of 52 weeks, you are entitled to at least 16 free Sundays. Additionally, the work schedule must consider an average five-day working week, and fixed rest days and regular two consecutive weekly rest days should be pursued.

After 5.5 hours of work, you are entitled to an unpaid break of half an hour. If you work longer than 10 hours, that three-quarters of an hour can be split into three 15-minute breaks. Are you under 18? Then different rules apply. 

Additional and overtime work

If you are over 18 years old, you work overtime if you work more than 40 hours per week or 9 hours per day. If this happens at the request of your employer, they must provide compensation in free time in consultation. If that is not possible, you are entitled to a bonus. The compensation in free time must be equal to the duration of the overtime, so for each overtime hour, you are entitled to an hour of free time. If that is not possible, you are entitled to a bonus. This bonus is included in the overtime matrix of the CLA.

Part-timers can work 20% more or less than the agreed hours per calendar quarter. Part-timers who work more than the contracted hours, but not more than 40 hours per week, accrue additional hours. Additional hours are paid out at the end of a calendar quarter, unless the number of deficit hours is higher than the number of additional hours.

Are you covered by Part B of the CLA? And do you work at the employer's request within the reference period* more than the normal working hours (1,976 hours; an average of 38 hours per week)? Then this is overtime. Overtime is compensated with time off in lieu. If time off in lieu is not possible within 3 months after determining the overtime, your employer must pay the overtime hours at the agreed gross hourly salary.

Part-timers who have worked more hours at the request of their employer than agreed by the end of the reference period accumulate additional hours. The CLA stipulates that additional hours must be compensated with time off within 3 months after the end of the reference period. If this is not possible or only partially possible, the (remaining) time off in lieu hours must be paid out no later than the following month. Part-timers accrue holiday rights on additional hours. Holiday rights consist of holiday hours and holiday pay.

*The reference period is a period of 12 consecutive months and runs parallel to the 
calendar year (1 January to 31 December).

Shortfall hours

One week you may have to work more than another week. It may also happen that you work fewer hours than agreed, but still get paid for these hours. This is called shortfall hours. The worked additional hours or unworked hours (shortfall hours) are calculated each calendar quarter. If the number of shortfall hours is greater than the number of additional hours, then the negative balance is settled in the month following the end of the calendar quarter with a maximum of 1 (pro rata) roster-free day, unless the employer has not enabled you to work the agreed hours.

Are you covered by Part B of the CLA? During the reference period*, hours can be added and subtracted. At the end of the reference period, it is determined how many overtime and/or shortfall hours you have made. Shortfall hours expire at the end of the reference period, unless the cause of the shortfall hours reasonably falls under your responsibility. This is the case, for example, if you schedule yourself too little. In that case, you must make up the shortfall hours no later than 3 months after the end of the reference period. After that, they expire.

*The reference period is a period of 12 consecutive months and runs parallel to the 
calendar year (1 January to 31 December).

Public holidays

Recognised public holidays are not extra paid days off like a holiday. However, the Contract Catering Agreement includes an extra allowance if you actually work during the public holidays.

If you work on a recognised public holiday, you are entitled to a bonus. The percentages of the irregular hours matrix applicable to you at that time serve as the basis. This is increased with an allowance of 100%. This latter allowance will be granted as much as possible in time off. The employer is obliged to provide this time off in the period of two weeks preceding the public holiday or within six weeks following the month in which the public holiday took place.

Recognised public holidays are: New Year's Day, first and second Easter Day, King's Day, May 5 every 5 years (first in 2030), Ascension Day, first and second Pentecost Day, first and second Christmas Day.

Are you covered by Part B of the CLA? For actually working in a shift that starts on a public holiday, with the shift extending past midnight, the compensation is:

• Time off in lieu: for each hour worked on the public holiday with the shift extending; 1 hour of substitute paid time off. 
• Time off in lieu not possible within 3 months after the public holiday: 50% bonus on the hourly salary for the hours worked on the public holiday and the time off in lieu lapses.
• Recognised public holidays are: New Year's Day, first and second Easter Day, King's Day, Ascension Day, first and second Pentecost Day, and first and second Christmas Day.

The holiday compensation does not apply to employees who are not yet skilled workers.

Annual leave

If you work full-time, you are entitled to 25 days of annual leave per year. This applies to employees in both Part A and Part B of the CLA catering. Employees who have not been employed for the entire year or who work part-time accrue annual leave on a pro-rata basis.

The holiday year generally runs from 1 January to 1 January. Alternatively, the holiday year can be set from 1 January to 31 December. This choice must apply to the entire organisation. By aligning the calendar year and holiday year, it is easier to monitor when annual leave days expire or become void. Unfortunately, annual leave days are not valid indefinitely, so make sure to take them in time. Statutory annual leave days expire six months after the calendar year in which they were accrued. Statutory annual leave days accrued in the period from 1 January 2025 to 31 December 2025 will therefore expire on 1 July 2026. Non-statutory annual leave days only expire after five years.

How to take annual leave

Want to take a holiday? Then you need to submit a written request to your employer. In this request, you specify when and for how long you wish to be off. Your employer will then, as far as possible, arrange the holiday according to your wishes.

Your employer must respond to your request within two weeks. If they do not, the holiday is generally considered confirmed. A rejection can only occur if your employer does so within two weeks and has a significant reason, for example, if too many colleagues are already off at the same time. If you doubt whether your employer has rightly rejected your request, please contact us.

Senior days

To ensure that older employees remain fit and enjoy coming to work, employees aged 55 and over are entitled to senior days. In the CLA catering, this is also referred to as a reduction in working hours (ADV). The older you are, the more ADV hours you receive. This arrangement only applies to employees in Part A.

Born before 1 January 1961

An employee born before 1 January 1961 is entitled to further reduction in working hours from the month they turn 55. The additional entitlements are as follows:

• 55 years 36 hours per year
• 56 years 48 hours per year
• 57 years 60 hours per year
• 58 years 72 hours per year
• 59 to 66 years 84 hours per year

Born on or after 1 January 1961

An employee born on or after 1 January 1961 is entitled to further reduction in working hours from the month they turn 57. The additional entitlements are as follows:

• 57 years 36 hours per year
• 58 years 48 hours per year
• 59 years 60 hours per year
• 60 years 72 hours per year
• 61 to 66 years 84 hours per year

Employees younger than 55 do not receive ADV but are entitled to 13 roster-free days per year with a full-time contract.

Roster-free days

Every catering employee in Part A is entitled to 13 roster-free days per year with full pay. This way, a 40-hour workweek equates to an average workweek of 38 hours. Each year, you can voluntarily indicate if you wish to convert these roster-free days into pay. You can find more information in our blog on roster-free days.

Employees in Part B do not accumulate roster-free days. They already work an average of 38 hours per week and 1976 hours per year with a full-time contract.

Different arrangements apply to inflight employees: they can purchase 22 roster-free days per year.

Working more or less

You want to work in a way that suits you. Whether you want to work less for your family or hobbies, or prefer different working hours or partial home working, arrange it through the Flexible Working Act! You can ask your employer to better align your work with your personal situation. Under the law, you can request to adjust your working hours, work times, or workplace.

Not sure where to start? We have created a sample letter that you can use as a guide. You do not need to provide a reason for your request. However, certain conditions apply:

• You work for a company with at least ten employees.
• You have been employed for at least six months.
• You submit your request in writing at least 2 months before the desired start date. You mention the desired start date in the request.
• You specify the desired working hours per week. Additionally, you can mention the desired workplace and distribution of working time in your request.
• You refer to the Flexible Working Act, which gives you the right to work more, less, or flexibly.
• Your (possible) previous request was submitted one year or more ago.

Note: if you request to change your working hours to care for children under 8 years old or to provide care, the condition of at least 10 employees does not apply.

Once you have submitted the request, your employer will discuss it with you. They will also check if there are reasons why it might not be possible for the company. Your employer must make a decision and provide written notice at least 1 month before you wish to work shorter, longer, or more flexibly.

Is your employer in agreement with your request? Then the employment contract is definitively adjusted. The new arrangements remain in effect even if your circumstances change again. In principle, your employer must adhere to the working hours you want. If that is not possible, they must provide written reasons why it cannot be done and propose a new arrangement. You decide whether to agree with it. If not, the adjustment does not proceed.

Is your employer not in agreement with your request? Then they are obliged to state the reason. If your request is rightly refused, you must wait a year before submitting a new request. This does not apply if you request to change your working hours to care for children under 8 years old or to provide care.

If you have not heard from your employer a month before you wish to work more, less, or more flexibly, you may assume your employer has agreed to your request.