The Working Hours Act (Arbeidstijdenwet)
Working hours in the Netherlands are regulated by the Working Hours Act (Arbeidstijdenwet, ATW) and the Working Hours Decree (Arbeidstijdenbesluit). These rules set maximum working hours, mandatory rest periods, and rules for night work and shift work. The ATW applies to virtually all employees working in the Netherlands, regardless of the nationality of the employer or employee.
The general maximum working time is 12 hours per shift and 60 hours per week. Over a 16-week reference period, the average may not exceed 48 hours per week. This aligns with the EU Working Time Directive (2003/88/EC). Specific and more restrictive rules apply to young workers under 18, pregnant women, employees performing safety-critical tasks, and workers in transportation. The ATW does not standardise a "normal" working week: in the Netherlands the agreed normal working week varies between 36 and 40 hours depending on the sector, which is why no universally applicable hourly minimum wage can be derived from the ATW alone. The employer may require overtime only if this flows from the employment contract, collective agreement, or custom and practice - there is no general statutory obligation on employees to work overtime.
Recording and enforcement under Dutch law
Employers must maintain accurate records of hours worked by each employee. Since the Court of Justice of the European Union's ruling in CCOO v Deutsche Bank (C-55/18), Dutch employers are required to operate an objective and reliable system for recording daily working time. The Dutch Labour Inspectorate (Nederlandse Arbeidsinspectie) enforces ATW compliance and can impose administrative fines on employers in violation.
The ATW provides some flexibility through a CAO derogation system. Collective labour agreements may extend or reduce certain maximum hours and rest period norms within the limits set by the ATW. Employers who wish to deviate from the standard rules must ensure a CAO containing the relevant derogation is in force and applicable to their workforce. The current ATW dates from 1998 and was significantly amended in 2007 following a Social-Economic Council (SER) consensus aimed at reducing overregulation while retaining core ILO and EU standards; the Dutch legislation is no longer only aimed at safety and health but also at broader well-being and human working conditions.
Agreed working hours and the employment contract
The ATW sets maximum limits but does not prescribe the number of hours an employee must work. The agreed working hours are set in the employment contract. Dutch law requires employers to state the agreed working hours clearly. For employees on zero-hours contracts or on-call contracts, special rules apply under the Flexible Working Act and the Balanced Labour Market Act (Wet arbeidsmarkt in balans, WAB).