Working hours in catering

Working Hours Act

When it's busy, it's logical that your employer wants to schedule you more often and rely 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 hazardous locations 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 an average of 48 hours per week over 16 weeks. Different rules apply to young people under 18 years old.  

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 years old? Then you may not work between 11:00 p.m. and 7:00 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 amounts to a 38-hour working week. In every 52-week period, 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 regularly 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 more 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 time off by mutual agreement. If that's not possible, you are entitled to a bonus. The compensation in time off 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's 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, accumulate 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 the determination of overtime, your employer must pay the overtime hours at the agreed gross hourly salary.

Part-timers who, at the end of the reference period, have worked more hours at their employer's request than agreed, 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).

Underhours

One week you may need to work more than another week. It can also happen that you work fewer hours than agreed but still get paid for these hours. This is called underhours. The worked additional hours or non-worked hours (underhours) are calculated each calendar quarter. If the number of underhours is greater than the number of additional hours, the negative balance is settled in the month following 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*, additional hours and underhours can be accumulated. At the end of the reference period, it is determined how many overtime and/or underhours you have accumulated. Underhours expire at the end of the reference period unless the cause of the underhours 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 underhours 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. In the catering CLA, an additional compensation is included if you actually work during the public holidays.

If you work on a recognised public holiday, you are entitled to a surcharge. The basis is the percentages of the irregular hours matrix applicable to you at that time. This is increased by a compensation of 100%. This latter compensation will be granted as much as possible in time off. The employer is obliged to grant 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 occurred.

Recognised public holidays are: New Year's Day, first and second Easter Day, King's Day, 5 May every 5 years (for the first time in 2025), 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% surcharge on the hourly salary of 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 public holiday compensation does not apply to employees who are not yet skilled workers.

Holiday

If you work full-time, you are entitled to 25 holiday days 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 holiday days on a pro-rata basis.

The holiday year generally runs from 1 January to 1 January. Alternatively, the holiday year can be considered from 1 January to 31 December. This choice must apply to the entire company. By aligning the calendar year and holiday year, it is easier to monitor when holiday days expire or lapse. Unfortunately, holiday days are not valid indefinitely, so make sure you take them in time. Statutory holiday days expire six months after the calendar year in which you accrued them. Statutory holiday days accrued in the period from 1 January 2024 to 31 December 2024 will therefore expire on 1 July 2025. Non-statutory holiday days only lapse after five years.

How to take holiday leave

Want to take a holiday? Then you need to submit a written request to your employer. In this request, 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 confirmed. A rejection can only occur if your employer does so within two weeks and has a significant reason, for example, if too many other colleagues are off at the same time. If you doubt whether your employer has rightly rejected your request, contact us.

Senior days

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

Born before 1 January 1961

An employee born before 1 January 1961 is entitled to further reduction of working hours from the month they turn 55. The additional rights 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 of working hours from the month they turn 57. The additional rights 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 pay. This way, a 40-hour workweek averages out to a 38-hour workweek. Each year, you can voluntarily indicate whether you want to convert these roster-free days into pay on an annual basis. In our blog about roster-free days, you can find more information about this.

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

Through the Flexible Working Act (WFW), it is possible to submit a request to your employer to work more, less, or flexibly. Do this in writing, for example, using this sample letter and at least two months before the desired start date. You do not need to give a reason for your request. However, you must meet the following conditions:

• You have been employed for at least six months.
• You work for a company with at least ten employees.

Once you have submitted the request, your employer will discuss it with you. They will also check if there are reasons for the company why it cannot be done. Your employer must make a decision and provide written notification at least one month before you wish to start working shorter or longer hours.

If your employer agrees to your request, the employment contract will be permanently adjusted. The new agreements will continue to apply, even if your circumstances change (again). In principle, your employer must start with the working hours you want. If that is not possible, they must provide written reasons for why it cannot be done and make a new proposal. You decide whether you agree with it. If not, the adjustment will not proceed.

If your employer does not agree, they are obliged to state the reason. If your request is rightly refused, you must wait a year before you can make a new request. It is also possible that your employer does nothing. If you have not heard anything a month before you wish to work more or less, you may assume your employer has agreed to your request.