ARBEIDSTIJDENWET 2012 PDF

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ILO is a specialized agency of the United Nations. Working Time Act. Remarks: The Working Time Act shall not apply to work carried out in connection with; - a disaster or a crisis, an unforeseeable incident or accident, and to other matters directly related. Working Hours Decree. Adjustment of Working Hours Act.

Equal Treatment Act. Work and Care Act. Civil Code. The website of the Government of Netherlands Rijksoverheid. Remarks: The website provides a completed database containing updated legislation as well as other information, like fact sheets and brochures in English concerning working time.

Working Time Act Art. Employee shall mean the person who performs work under the authority of an employer, subject to a contract of employment or a public appointment. Employer is the person who requires the performance of work to another person employee under a contract of employment or a public appointment, in terms of exclusivity. Night work shall mean the hours of work that include more than 1 hour of work in the interval between h and h.

On-call consignatie shall be a period between two consecutive work periods or during a rest break in which the worker is obliged to be accessible to perform work as soon as possible if called upon in cases of unforeseen circumstances. On-call periods can be either: "Standby" aanwezigheidsdienst : a consecutive period of at most 24 hours during which the worker is obliged to be present at the workplace to perform his or her work as soon as possible when called upon.

An "accessibility shift" bereikbaarheidsdienst : the worker is obliged to perform his or her work as soon as possible upon being called upon. Domestic work shall mean the tasks of domestic nature performed by a worker, of at least 18 years old, in the private household of the employer or on its behalf.

Working Hours Decree Article 5. Young worker shall mean the worker who is between 16 and 18 years old.

Workers shall not perform more than 12 hours of work per shift. Historical data year indicates year of data collection : 12 hours : 9 hours. The daily limit does not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries or is likely to arise immediately, or where exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.

Working Hours Decree Art. If the working shift is performed during night-time, working hours shall not exceed 10 per day. The employer may order 5 times at most in each 14 day period and 22 times in each 52 week period night work of up to 12 hours, provided that afterwards a consecutive rest period of 12 hours is granted.

The provisions on daily working time do not apply in case of a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable. Work carried out in uninterrupted shifts may be extended or shortened by at most 15 minutes if this is required for ensuring good progress of work.

The employer shall organize the work so that the employee performing on-call work consignatie does not exceed 13 hours of work in each 24 hour period. Exceptions to the general daily limit apply when the nature of work necessitates it that the work is to a considerable extent carried out by stand-by work aanwezigheidsdienst and that this cannot be prevented by organising the work in a different way. Young workers shall not perform more than 9 hours of work per shift. Pregnant adult employees can not be required to perform more than 10 hours of work per shift.

Workers shall not perform more than 60 hours per week, 55 hours in average in each 4-week period and 48 hours in average in each period of 16 consecutive weeks. Historical data year indicates year of data collection : Maximum limit of 60 hours per week, 55 hours in average in each 4-week period and 48 hours in average in each period of 16 consecutive weeks.

The 48 hour limit is an average over a 16 week reference period. URGENT WORK The 60 hours limit does not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable. Exceptions from the general weekly limit apply when the nature of work necessitates it that the work is to a considerable extent carried out by stand-by work aanwezigheidsdienst and that this cannot be prevented by organising the work in a different way.

However, the 60 hours limit and 48 hours in average over a 16 week period cannot be exceeded. Additionally, collective agreements may foresee that 48 hours in average over a week period can be exceeded if unforeseen circumstances or the nature of the work causes a fluctuating work volume, making the employee temporarily work more than in average 48 hours works, provided that this cannot reasonably be prevented by another work organisation OR if the employee mainly supervises other employees on behalf of the employer.

In this case, in each 52 week period work of at most 48 hours average per week is permitted. If the working shift is performed during night-time, working hours shall not exceed 10 hours per shift and 40 hours per week in average 60 hours maximum per week over each 16 week period, provided that the performance of night work is carried out at least 16 times within this period. Collective agreements may provide that the employee may work 40 hours in average over a reference period of 52 weeks, provided that unforeseeable circumstances or the nature of work causes a fluctuating workload, making the employee work more than in average 40 hours per week on average over a 16 week period, and work cannot reasonably be organised in another way, or an employee is mainly supervising other workers in the name of the employer.

The employer shall organize the work so that the employee performing on-call work consignatie does not exceed 60 hours per week, 40 hours in average in each 16 week period, provided that during this period is assigned, at least 16 times, partly or fully the period between Alternatively, 45 hours in average over a 16 week period may be worked by workers who are assigned on-call work consignatie for at least 16 times in a 16 week period, which partly or fully includes the period between Young workers shall not perform more than 45 hours and an average of 40 hours per week in each 4 week period.

A domestic worker shall not perform more than 60 hours per week or 48 hours per week in average in each 16 week period. Pregnant employees of 18 years or older can not be required to work more than 10 hours per shift; an average of 50 hours per week in each period of 4 consecutive weeks, and an average of 45 hours per week in each period of 16 consecutive weeks. Overtime work is not regulated by law.

Working time limits are provided by general daily and weekly limits. No specific statutory overtime limit. Historical data year indicates year of data collection : No specific statutory overtime limit.

Historical data year indicates year of data collection : No statutory provisions on overtime pay. When determining the working time pattern of the worker, the employer shall, as far as possible, take into account the personal circumstances of the worker, which in any case includes care duties for children, dependent family members, relatives and others close to him, as well as his social responsibilities.

The work of pregnant workers must be arranged in such a way that their current circumstances are taken into account. Employers are obliged to organize the work of young workers so that they are able to pursue their education. Workers shall enjoy a rest break of at least 30 minutes after having performed 5.

According to that, the breaks may be split into breaks of at least 15 minutes each. Historical data year indicates year of data collection : The total duration of the rest breaks must be at least: 1 30 minutes work exceeding 5. The breaks may be split into breaks of at least 15 minutes each. URGENT WORK The provisions on rest breaks do not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.

In any event, a rest break of at least 15 minutes for work exceeding 5,5 hours must be guaranteed. Deviation from the entitlement to a rest break is also possible by collective agreement where: 1 the worker concerned works without any direct contact others workers who perform similar work; or 2 the nature of the work makes it impossible for it to be interrupted by a rest break and it cannot be reasonably organized in a different way.

Young workers are entitled to a rest break of at least 30 minutes during work periods of 4. The break may be split into two breaks of at least 15 minutes.

Domestic workers shall be entitled to a rest break after 4 consecutive hours of work. The legislation does not specify the duration of such break. Pregnant workers and workers during a period of 6 months after delivery are entitled to additional rest breaks of a total duration of up to one-eighth of their shift length. These workers are entitled to work in a stable and regular pattern of work and rest breaks.

They are entitled to breastfeeding breaks as often and for as long as required, to a total duration of up to one-fourth of the shift length. The time and length of breaks are to be determined by the worker in consultation with the employer. Workers shall enjoy at least 11 consecutive hours of daily rest. Historical data year indicates year of data collection : 11 hours in any consecutive period of 24 hours.

The 11 hour daily rest period may be shortened to a minimum of 8 hours once in every seven day period, if the nature of the work or business circumstances so demand. Exceptions from the daily rest period apply when the nature of work necessitates it that it is carried out to a considerable extent as stand-by work aanwezigheidsdienst and that this cannot be prevented by organising the work in a different way. The provisions on daily rest do not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.

However, the employer has to ensure that rest periods not granted for these reasons are provided afterwards. If night work ends after If the employer orders night work of up to 12 hours exceptionally possible at most 5 times in each 14 day period and 22 times each 52 week period , work has to be followed by a consecutive rest of 12 hours.

Rest periods in work carried out in uninterrupted shifts may be extended or shortened by 15 consecutive minutes maximum if this is required for ensuring good progress of work. ON CALL No on call work consignatie shall be assigned for 11 consecutive hours preceding and 14 consecutive hours following night work.

Work following a call to work during on call work is not taken into consideration when calculating the daily rest period. STANDBY The employer has to organise work in such a way that before and after a standby duty a consecutive rest period of 11 hours is granted, which may once in every 7 day period be shortened to 10 hours and once to 8 hours provided that after a shortening of the rest period the following rest period is at least 11 hours long and extended by the number of hours up to which the preceding rest period had been shortened.

Young workers shall enjoy a period of at least 12 consecutive hours of daily rest, which must include the interval between and Domestic workers shall enjoy at least 9 consecutive hours of daily rest. After a 5-day working week, the worker may not work for at least 36 consecutive hours. A longer working week may be scheduled provided that the worker enjoys a rest period of at least 72 hours once every 14 days.

This hour period may be split into 2 separate periods, neither of which may be shorter than 32 hours. Historical data year indicates year of data collection : A minimum of either: 1 36 hours in each 7 day period; or 2 72 hours in each 14 day period, which can be split into rest periods of at least 32 hours each.

The provisions on weekly rest do not apply in connection with a sudden, unforeseen situation where people are seriously injured or an immediate threat for serious injuries arises, or exceptionally grave damage to property arises or is likely to arise immediately, provided that work cannot be delayed and other measures are not reasonable.

Exceptions from the weekly rest period apply when the nature of work necessitates it that the work is to a considerable extent carried out as stand-by work aanwezigheidsdienst and that this cannot be prevented by organising the work in a different way. In this case, Sunday work on 40 Sundays or more in each 52 week period is only allowed with the consent of the worker. However, in any case work must be organised in such a way that the worker does not work for at least 13 Sundays in each 52 week period.

Following the performance of night work on three consecutive days, the employee has to be granted 46 hours consecutive rest. The young worker will have an uninterrupted rest period of at least 36 hours in each consecutive period of 7 days.

Domestic workers have to be granted a consecutive rest period of at least 36 hours each 7 day period and at least 13 Sundays each 52 week period shall be free. Annual leave is built up over one year. Workers shall be entitled to four times the number of days they work per week.

Four times the agreed weekly working time To this respect, for a five-day working week the worker is entitled to 20 days of annual leave. Civil Code, Book 7 Art.

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