To some extent, employees in the Netherlands have the right to work flexible hours. Pursuant to the Dutch Flexible Working Act (Wet flexibel werken; Wfw), they may ask their employer to reduce the number of working hours and to spread their working hours differently over the week. The employer may only refuse such a request on the basis of substantial business interests.
"I want Fridays off but I don't want to lose too much pay"
The Zwolle Subdistrict Court recently ruled that an employer was entitled to deny an employee's request to start working four nine-hour days a week.
The employer's company manual stipulated that working hours were from 8 a.m. to 5 p.m., including a one-hour break, i.e., eight-hour working days. The employee wanted Fridays off and had asked for (i) a reduction of working hours from 40 to 36 hours, (ii) spread over four nine-hour working days.
Flexible Working Act
According to the Wfw, an employer must respond to a request for an adjustment of working hours and/or working time at least one month before the intended effective date. If the employer fails to do so, the request is deemed to be granted in line with the employee's wishes.
The employer in this case had in fact responded to the request in time, thereby approving the reduction of working hours, but denied the request to spread these over four days. The employer proposed alternatives: The employee could alternate working weeks of four eight-hour days and working weeks of five eight-hour days,...
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