Minus and plus hours: what you need to pay attention to

Do you need to make up missed hours? And how are extra hours worked compensated? And when is work considered overtime? The regulations for this differ per sector. Legal expert Angela Burgemeester lists points to watch out for per sector, for example, when your contract ends and you receive a final settlement. 

CLA hospitality 
The CLA hospitality is based on an average working time per week, which means you may work more one week than another.  

In hospitality, you may 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 time of 38 hours per week (full-time). 

Shortfall hours are hours worked less than you should work per week according to your employment contract, but are still paid. Overtime hours are the hours you work in a week, at your employer's request, more than you should according to your contract. During the reference period, hours can be added or subtracted. At the end of the reference period, it is then assessed how many overtime and/or shortfall hours you have accumulated. 

• Overtime and shortfall hours can be compensated with each other over a period of 12 months (reference period). 
• ​Overtime is compensated in time for time 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 within the following three months.
• ​Shortfall hours expire at the end of the reference period unless the cause of the shortfall hours lies with you. This can be the case if you schedule yourself too little. Shortfall hours must then be made up no later than three months after the end of the reference period. After that, they expire. 
• If you have shortfall hours at the end of your contract, the employer may offset these against the final settlement. This can only be done if you, as an employee, are responsible for the shortfall hours, for example, because you have taken too much leave. 

CLA catering 
If you work in catering under Part A, overtime is any work beyond the normal working hours. Employees over 18 years old accrue overtime once they work more than 40 hours per week or 9 hours per day. An employee who has worked overtime is entitled to an overtime allowance as specified in the overtime matrix applicable to the employee. The right to the allowance applies from the moment the normal working hours are exceeded by 15 minutes, retroactively to the start of these 15 minutes. 

In the CLA catering Part A, there is also a plus-minus hours arrangement that allows for scheduling up to 20 percent more or fewer hours per week. What if these extra or fewer worked hours accumulate? 

• At the end of the quarter, plus and minus hours are offset against each other. 
• If the balance is negative, your employer may use a maximum of 1 roster-free day (adv-day) to offset the minus hours, unless the employer has not allowed the employee to perform the agreed working hours. 
• If the balance is positive (you have more plus hours than minus hours), these plus hours will be paid out in the month following the end of the quarter. 

If you fall under Part B of the catering CLA, the same rules apply as in the CLA hospitality. 
  

CLA recreation 
If you work more at your employer's request than agreed in recreation, this work is considered overtime according to the CLA recreation outside normal working hours. 

• Overtime is all hours (or parts thereof) above 152 hours per 4 weeks or above 10 hours per day. 
• Overtime is compensated in the form of time off: for each hour of overtime, an hour of time off. When you take the time off, your employer must consult with you. This moment is then established. 
• Overtime is determined at the end of the reference period (period of 12 months). The overtime must be compensated in time off no later than six months thereafter. If that is not possible, the hours must be paid out no later than the seventh month after the end of the reference period at 150%. 

Note: employees aged 55 and over and pregnant employees are not required to work overtime. 

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

If you work as a full-timer in a seasonal company or as a flexitimer per period/month more than the agreed average working hours per period or month, these hours are considered plus hours and not overtime. Different rules apply for their compensation, more about this can be found in article 11 paragraph 14 and 12 of the CLA recreation and below under the heading ‘minus hours’. 

Minus hours 
Minus hours are the hours a full-timer in a seasonal company or flexitimer works less per period/month than the agreed average working hours per period or month. 

At the end of the reference period (period of 12 months), your employer balances the number of plus hours and minus hours. Plus hours must be compensated in time off within 6 months after the end of the reference period. If that is not possible, they must be paid out in the seventh month at 100% of your salary. For minus hours, they must be made up within two months after the end of the reference period, after which they expire. Note: as of 1 January 2023, any minus hours after the end of the reference period automatically expire. They only need to be made up if the minus hours were caused by the employee themselves. For example, because you scheduled yourself too little. After two months, they expire. 

For flexitimers, it also applies: Your employer must keep track of your plus and minus hours, these hours are accounted for monthly or periodically in writing by your employer. Your employer may use a savings system for saving the plus hours (up to the maximum number of plus hours agreed in your employment contract). You can use this “savings account” when minus hours arise. Your employer may not offset these minus hours with holidays or other days off unless you explicitly request it! 

The number of plus hours that exceed the guaranteed agreed working hours must be paid out after the end of the month or period.