Working hours in recreation

Working Hours Act

It's understandable that your employer wants to schedule you more often when it's busy and less often when it's quieter. To protect employees, there is the Working Hours Act. The Working Hours Act (WHA) applies to all employees who earn less than three times the statutory minimum salary. Employees who earn more but regularly work at night and/or in risky locations 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 52 hours. Over a period of 4 weeks, you may work an average of up to 205 hours. 

Break

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 breaks of at least 15 minutes each if necessary. Note: if you are under 18 years old, you are entitled to a 30-minute break after working 4.5 hours. The break can also be split into breaks of at least 15 minutes each. 

Overtime

Working hours assigned by the employer outside normal working hours are considered overtime according to the CLA recreation. Overtime includes all hours or parts thereof over 152 hours per 4 weeks or over 10 hours per day. Overtime is compensated in the form of time off. For each hour of overtime, you receive one hour of time off. You discuss with your employer when you wish to take this time off. 

If you work based on an annual hours contract, there can be no question of overtime. If you work more than the annual hours stated in your employment contract, this is considered extra work hours. Different rules apply for the compensation of extra work hours, see art. 13 of the CLA.

If you work as a full-timer in a seasonal business or as a flex-timer per period/month more than the agreed average working time per period or month, these hours are considered additional hours and not overtime. The rules for compensation are outlined in art. 11 and 12 of the CLA recreation and below under the heading ‘minus hours’.

Negative hours

Negative hours are the hours that a full-timer in a seasonal business or flexi-timer works less per period/month than the agreed average working time per period or month.

At the end of the reference period, your employer will balance the number of additional hours and the number of negative hours. Do you still have negative hours at the end of the reference period? Then these will lapse. Except if the cause of the negative hours is reasonably your responsibility. In that case, you must make up the negative hours no later than 2 months after the end of the reference period. After that, they will lapse. 

For flexi-timers, additionally: Your employer must keep track of your additional and negative hours, and these hours are reported in writing by your employer monthly or periodically. Your employer may use a savings system for accumulating the additional hours (up to the maximum number of additional hours agreed in your employment contract). You can use this "savings account" when negative hours arise. Your employer may not offset these negative hours against holidays or other days off, unless you explicitly request this!

The number of additional hours that exceed the maximum agreed guaranteed working time will be paid out by your employer after the end of the month or period.

Public holidays

If you work on one of the recognised public holidays, special rules apply regarding time off. The CLA recreation recognises the following public holidays:

• New Year's Day
• First and Second Easter Day
• King's Day
• 5 May (once every five years)
• Ascension Day
• First and Second Whit Monday
• First and Second Christmas Day

Have you worked on one of the above public holidays between 02:00 until 02:00 the following day? Then you are entitled to compensatory time off. However, this does not apply if you are an auxiliary worker. Additionally, your employer may not schedule you on two recognised public holidays per calendar year, provided you are not an auxiliary worker! Do you have a full- or part-time contract and work on fixed days per week, with these fixed working days contractually agreed? Then you are entitled to a day off with pay for each recognised public holiday if the holiday falls on your fixed working day and your company is closed. If your fixed working days are not contractually agreed, then it will be considered which days you have worked in the past six months.

Are you a flexitimer or an employee with an annual hours norm and are you scheduled on the same day for a continuous period of 6 months or longer? Then you are entitled to a day off with pay for each recognised public holiday if the holiday falls on that same day and the company or a department is closed.

Holiday

Most employers choose to use the calendar year as the holiday year. The holiday year runs from 1 January to 31 December. This makes it easier to see when holiday days expire. Want to know what you're entitled to? Read on.

Accrual of holiday days
According to the law, as an employee with a full-time contract, you are entitled to 20 holiday days per year. A CLA often includes additional statutory holiday days. Are you covered by the recreation CLA? Then with a full-time contract, you have 25 holiday days. These consist of:

• 20 statutory days
• 5 additional statutory days

If you are a part-timer, you receive holiday days in proportion to your applicable working hours. The recreation CLA offers you the option to buy or sell holiday days. Check the conditions in the CLA.  

Are you employed for four weeks or less? Then your holiday rights are paid out at the end of the employment contract. This also applies to temporary workers with an all-in salary, who receive their holiday rights paid out together with their salary. Your basic salary is then increased by 19.49%.

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

Your employer must respond to your request within two weeks. If they do not, the holiday is, in principle, confirmed. A rejection can only occur if your employer does so within two weeks and has a compelling reason, for example, because too many other colleagues are off at the same time. If you're unsure whether your employer has rightly rejected your request, please contact us.

Prevent your days off from expiring
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 from 1 January to 31 December therefore expire on 1 July. Additional statutory holiday days expire only after five years.

Holiday pay

Everyone who works is entitled to holiday pay. So are you. This is paid once a year, no later than 30 June. The holiday pay in the recreation sector amounts to 8% of the salary* you have earned from your employer during the holiday year (1 June to 31 May the following year). The holiday pay is often slightly less than a gross monthly salary. If you are a temporary worker with an all-in salary, your holiday pay is paid together with your salary.

*Salary does not include allowances, any bonuses, and benefits in kind.

Working more or fewer hours

The Flexible Working Act (WFW) includes rules for submitting a request to work more or fewer hours, or to work flexibly. You can submit a request if you meet the following conditions:

• You have been employed for at least six months
• You work at a company with at least 10 employees
• You must submit your request in writing at least 2 months before the desired start date

Write a letter asking your employer if you can work more, fewer, or flexible hours. You do not need to provide a reason for your request. Send this request at least 2 months before the date you wish to start working more or fewer hours to your employer. View an example letter here.

Your employer must discuss the request with you. They will also check if there are reasons for the company why it would not be possible. Ultimately, the employer makes a decision. You must receive written notice of whether your employer agrees to your request to work more or fewer hours at least one month before you wish to start working shorter or longer hours. If your employer agrees to your request to work more or fewer hours, your employment contract will be adjusted. Keep in mind that your employment contract will then be officially changed. 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 is not possible and propose an alternative distribution. You decide whether to accept this. If not, the adjustment will not proceed.

If your employer does not agree, you will also hear this at least one month in advance by letter. Your employer is required to state the reason for rejecting your request. It is possible that your employer does nothing. Have you heard nothing a month before you would like to start working more or fewer hours? Then you may assume your employer has agreed to your request, even if this has not been confirmed in writing by your employer.

If your employer rightfully refuses your request, you must wait 1 year before you can make a new request.