Flexible working under the Wet flexibel werken
The Flexible Working Act (Wet flexibel werken, WFW) grants employees in the Netherlands the right to request an adjustment to their working hours, their working schedule (werktijden), or their workplace (arbeidsplaats). This right applies to employees who have been employed for at least 26 weeks. The employer must consider the request seriously and may only refuse on the basis of compelling business interests.
A request to change the number of working hours (arbeidsduur) must be granted unless the employer has weighty business or service reasons. The threshold for refusal is high. A request to adjust the workplace - for example, to work from home - may be refused if the employer can demonstrate that the business or service interests outweigh the employee's interests. The working from home request right is specifically addressed in the WFW since 2 August 2022. The WFW right to request reduced working hours complements Article 7:648 of the Dutch Civil Code, which prohibits unequal treatment of part-time workers, and has contributed to the high rate of part-time working in the Netherlands. The employer must respond in writing at least one month before the desired start date; failure to respond on time means the request is deemed granted.
Procedure for making a flexible working request in the Netherlands
The employee must submit a written request at least two months before the desired start date, specifying the proposed changes and the reasons. The employer must respond in writing at least one month before the desired start date. If the employer fails to respond in time, the request is deemed to have been granted. After a request has been granted or refused, the employee may not make another request for a period of one year.
In practice, many employees successfully negotiate part-time arrangements, compressed working weeks, or hybrid working schedules under the WFW framework. Employers who refuse without adequate justification risk claims for breach of the Act and potential damages. The works council may also be involved where working time policies affect larger groups of employees, as it has an approval right under Article 27 of the Works Councils Act (Wet op de ondernemingsraden, WOR) over working hours arrangements. After a flexible working request has been granted or refused, a new request cannot be submitted for one year (Article 2(7) WFW).
Interaction with the WAB and flexible contracts
The WFW operates alongside the Balanced Labour Market Act (Wet arbeidsmarkt in balans, WAB), which introduced additional protections for employees on on-call contracts and zero-hours contracts. Employees on flexible contracts may use the WFW to request a fixed working hours pattern after a qualifying period of employment.