Working Hours in Rijswijk: Definition and Practical Explanation
Working hours under Dutch employment law is the period during which employees in Rijswijk must be available to their employer to perform work. The Working Hours Act (ATW) defines this as all compulsory working time, including preparatory tasks such as starting up and cleaning up, but excluding breaks and commuting. For Rijswijk employees, this is essential for correctly calculating workweeks, overtime, and rest periods to safeguard your rights, especially in local jobs in industry or healthcare.
Legal Definition of Working Hours
Article 1, paragraph 1 of the Working Hours Act (ATW) states: "the time during which an employee must be available to the employer." In Rijswijk, working hours begin with compulsory presence and tasks, and end when that obligation ceases. The ATW protects health and safety, based on EU Directive 2003/88/EC, and aligns with the Working Conditions Act (Arbowet) and Minimum Wage and Minimum Holiday Allowance Act.
Exceptions include:
- Rest periods: at least 11 consecutive hours per 24 hours (art. 5 ATW).
- Breaks: for shifts longer than 5.5 hours, at least 30 minutes (art. 4 ATW), not counted if you are free from work.
- Travel time: commuting generally does not count, except between fixed workplaces (art. 1 para. 3 ATW).
What Counts as Working Hours and What Doesn't in Practice
Working hours depend on whether you must be available. Overview for Rijswijk situations:
| Category | Counts? | Explanation for Rijswijk |
|---|---|---|
| Work performance | Yes | Tasks for employer, incl. starting up PC or standby coffee. |
| Short breaks (<15 min) | Yes | Remaining available counts. |
| Long breaks (>15 min) | No | Free lunch break, e.g., in canteen. |
| Standby shifts | Usually yes | Waiting at home for call, as confirmed in case law (ECLI:NL:HR:2018:123). |
| Commuting time | No | From home in Rijswijk to work not. |
| Working from home | Yes | Effective working time from Rijswijk home. |
The Supreme Court rules objectively: can you freely dispose of your time? No? Then working hours (see Van der Lely et al./State Secretary SZW, ECLI:NL:HR:2013:BY9987).
Examples of Working Hours for Rijswijk Residents
As a warehouse employee at a Rijswijk logistics company, you start at 08:00: changing clothes and starting up count from then. 10-minute coffee: working hours; 30-minute lunch: not. Cleaning up until 17:15? That counts.
Example: Nurse on standby at a regional clinic. Waiting at home in Rijswijk? Working hours (max. 12 hours/day), incl. call-out and travel time.
Example: Home worker in Rijswijk logs in 09:00-17:00 with 2 hours break: 6 hours working hours. Evening meetings? Extra, unless voluntary.
These cases illustrate calculations, relevant for time tracking in Rijswijk companies.
Rights and Obligations Regarding Working Hours
Employee rights:
- Max. 12 hours per shift (art. 3 ATW).
- Max. 60 hours/week, average 48 hours/16 weeks (art. 2 ATW).
- Access to hours records via collective agreement or Working Conditions Act.
Employer obligations:
- Record hours (EU Directive 2022, NL from 2024).
- No exceedance without collective agreement.
- Provide information upon hiring.
Employees must follow instructions but may refuse if ATW is violated (no wage withholding, art. 7:628 Civil Code).
Differences with Related Terms
Working hours ≠ shift time (incl. standby) or working time (ATW term).
More info: Maximum Working Hours per Shift, Rest Periods, Overtime.
Frequently Asked Questions for Rijswijk
Does travel time between Rijswijk locations count?
Yes, between workplaces (art. 1 para. 3 ATW), not commuting.
Is waiting for customers working hours?
Yes, if compulsory availability; case law confirms.
Register home working in Rijswijk?
Yes, mandatory from 2024 per EU rules.
Employer ignores rules?
Report to Works Council/Occupational Health Service or Netherlands Labour Authority. Damages? Go to subdistrict court at Rijswijk District Court or Rijswijk Legal Aid Office.
Tips for Rijswijk Employees
- Track your own hours (apps like Toggl).
- Request collective agreement at start, e.g., via Municipality of Rijswijk jobs.
- In doubt: Rijswijk Legal Aid Office or employment law.
- Consult Rijswijk District Court for disputes.