Working hours in hospitality

How does the Working Hours Act operate in hospitality?

Is it busy at work or is a colleague ill? There's a good chance your employer will want to schedule you more often. The Working Hours Act (WHA) was established to protect employees in such situations and applies to anyone 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 may not exceed 12 hours and the weekly working time is a maximum of 60 hours. Over a four-week period, 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? Different rules apply. You can read more about that below.

Rules regarding scheduling and registering hours

According to the CLA hospitality, your schedule must be known at least three weeks in advance. Your employer is also required to maintain a record of your work and rest times. If you request it, your employer must be able to provide you with an overview. Regardless, it is important that you also keep a good record of the hours you work, so you can accurately check whether 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 4.5 hours of work, 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 accumulated in articles 2.12b, 3.12, and 3.14 in the CLA hospitality? Then you may request your employer to take these hours off. This request must be made in a timely manner. At least before the schedule is made and a minimum of three weeks in advance, so it can be considered 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 businesses that are dependent on seasons.

Underhours and overtime according to the CLA hospitality

In hospitality, you sometimes 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 per reference period, but which you have been paid for. Overtime are the hours that 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 CLA hospitality regulate what should be done 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 can be the case, for example, when 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 is 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 the 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) per reference period at your employer's request, it 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 for overtime. However, if you wish to work more, you are certainly 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 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 hours of additional work 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 respective 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 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 to have a weekend off from being scheduled? Then you must request time off. The employer is obliged to grant you time off if:

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

Working more or less as a hospitality employee

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 partly working from home, arrange it through the Flexible Working Act! You can ask your employer to better align your work with your private life. Based on the law, you can request to adjust your working hours, working 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, there are a few conditions:  

• You work at a company with at least ten employees. 
• You have been employed for at least six months.
• You make your request in writing and 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 (previous) request was submitted one year or more ago. 

Note: Are you requesting to change your working hours to care for your children under 8 years old? Or to provide informal care? Then the condition of at least 10 employees does not apply.

Once you have submitted the request, your employer will consult 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 want to work shorter, longer, or more flexibly.

Is your employer in agreement with your request? Then 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 you agree with it. If not, the adjustment will 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 you can make a new request. This does not apply if you are requesting to change your working hours to care for your children under 8 years old or to provide informal care.

If you have not heard anything from your employer a month before you want to work more, less, or more flexibly, 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 an average of more hours than stated in your contract for a long time, you can ask your employer to adjust the number of hours. This can be done if you have been working according to this fixed pattern for at least three months. Download a sample letter for working hours that you can send to your employer.

From what age can you work in hospitality?

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