Working hours in hospitality

How does the Working Hours Act work in the hospitality industry? 

Is it busy at work or is a colleague sick? There's a good chance your employer will want to schedule you more often. The Working Hours Act (WHA) was established to protect employees from this and applies to everyone earning less than three times the statutory minimum salary. Employees who earn more but regularly work at night and/or in risky places are also covered by the Working Hours Act.

According to the Working Hours Act, a shift cannot be longer than 12 hours and the weekly working time is a maximum of 60 hours. Over a period of four weeks, you may work an average of up to 55 hours per week and over sixteen weeks an average of 48 hours per week. Are you under 18 years old? Then different rules apply. You can read more about that below.

Rules regarding scheduling and recording of hours

According to the CLA hospitality, your schedule must be known at least three weeks in advance. Your employer is also required to keep a record of your work and rest times. If you request it, your employer must be able to provide you with an overview. Apart from that, it is important that you also keep a good record of the hours you work, so you can properly check if what your employer records is correct.

After how many hours must you take a mandatory break as a hospitality worker?

If you are 18 years or older, you are entitled to a 30-minute break after working 5.5 hours. This break can be split into two blocks of 15 minutes if necessary. Have you worked more than 10 hours? Then you are entitled to a 45-minute break. This break can also be split into blocks of 15 minutes each. The breaks are unpaid.

Are you under 18 years old? Then after working 4.5 hours, you are entitled to a large break of 30 minutes or two small breaks of 15 minutes each.

Taking time off in lieu

Do you have time off in lieu hours as accrued in art. 2.12b, 3.12 and 3.14 in the hospitality CLA? Then you may request your employer to take those hours off. This request must be made in a timely manner. At least before the schedule is made and at least three weeks in advance, so that it can be taken into account when creating the duty and work schedule. An employer may refuse the request if it causes problems for the work in the company, such as in companies that depend on seasons.

Underhours and overtime according to the hospitality CLA

In the hospitality sector, you might work more one week than another, for example, due to busyness or a sick colleague. The normal working time in hospitality is 1,976 hours per reference period* and is based on an average working duration of 38 hours per week (full-time).

Underhours are hours that you have worked less than you should have based on your employment contract during the reference period, but which you have still been paid for. Overtime refers to the hours you have worked more per reference period at your employer's request than you should have according to your contract. During the reference period, there can be additions and subtractions. At the end of the reference period, it is then assessed how many overtime and/or underhours you have accumulated. Articles 2.12 and 3.14 of the hospitality CLA regulate what should happen with an overtime and underhours balance.

Underhours expire at the end of the reference period, unless the cause of the underhours lies with you. This might be the case if you schedule yourself too little. Underhours must then be made up no later than three months after the end of the reference period. After that, they expire. Overtime is compensated in time off in lieu within three months after the end of the reference period. If that's not possible, your employer must pay each overtime hour at 100% of the hourly salary no later than the following month.

*A reference period is a period of twelve consecutive months and runs parallel to the holiday year (1 June to 31 May) or a calendar year (1 January to 31 December). The employer may also choose to use another twelve-month period as a reference period. This choice must then be stated in every employment contract and applies to all employees in the company.

Overtime

If you work more than the normal working hours (1,976 hours per year) at your employer's request per reference period, this is considered overtime. Your employer cannot require you to perform more than 10% overtime within the reference period. If the total number of hours worked exceeds 2,173 hours, you may refuse a request to work overtime. Of course, if you wish to work more, you are allowed to do so.

The same rules apply for the compensation and payment of overtime as for additional hours.

Do you work part-time? Then your employer cannot require you to perform more than 10% additional hours within the reference period based on the working hours per reference period in your contract. If the total number of additional hours worked exceeds this, you may refuse a request for additional hours.

For employment contracts with a scope of less than 1,040 hours per reference period, a different maximum of 104 additional hours applies. If the total number of additional hours exceeds this, you may refuse a request for additional hours.

Working on public holidays as a hospitality employee

Recognised public holidays are not extra paid days off in the hospitality sector. In the CLA hospitality an additional compensation is included when you work on a recognised public holiday. Initially, you receive compensation in the form of time off, or paid leave hours. Your employer is obliged to compensate this time off within three months after the relevant public holiday. If this is not achieved within this period, you are entitled to payment for the hours worked with a 50% surcharge on your gross hourly salary.

Does the public holiday fall on your standard rostered day off or is the company closed on the public holiday? In that case, you do not receive compensation. If the public holiday falls on your standard working day, but you do not work that day because the company is closed, you do not accumulate negative hours and you are paid for the day off.

Working on Sundays in hospitality

According to the law, you are entitled to thirteen free Sundays per year. Your employer can therefore require you to work on 39 Sundays per year. Are you covered by the CLA hospitality and want a weekend off from the schedule? Then you must request leave. The employer is obliged to grant you leave if:

• You work or have worked at least 39 Sundays in a twelve-month period.
• The business circumstances allow for it.

Working more or fewer hours as a hospitality employee

Through the Flexible Working Act (WFW), it is possible to submit a request to your employer to work more, fewer, or flexible hours. 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 provide a reason for your request. However, you must meet the following conditions:

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

Once you have submitted the request, your employer will consult with you. They will also check if there are reasons for the company why it might not be possible. 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 definitively adjusted. The new agreements will 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 make a new proposal. You decide whether to agree to this. If not, the adjustment will not proceed.

If your employer does not agree, they are obliged to state the reason. If your request is justifiably 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 fewer hours, you may assume that your employer has agreed to your request.

Are you consistently working more hours than your contract?

If you have been working on average more hours than stated in your contract for a long time, you can ask your employer to adjust the number of hours. This is possible if you have been working according to this fixed pattern for at least three months. Download a sample letter for work hours that you can send to your employer.

From what age can you work in hospitality?

Working in hospitality involves risks. Consider variable working hours, cleaning agents, kitchen machines, and difficult guests. Therefore, employees under 18 are well protected by various rules in the Working Hours Act.