{"product_id":"vragen-22614-hallo-mijn-collega-heeft-een-contract-van-18-tot-32-uur-en-werkt-al-een-jaar-of-5-6-rond-de-30-a-4","title":"Employment contract and change of hours | Free legal advice","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Hello,\n\n My colleague has a contract of 18 to 32 hours and has been working for 5 or 6 years around 30 to 40 hours a week. Now they only want her to work 18 hours a week. Is that allowed after she has worked much more for so many years? She has a permanent contract and she works as a sales assistant in retail.\n\n Thank you in advance!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n No, that is not possible. See article 7:610b BW. There is a legal presumption that the working hours are 30 to 40 hours per week. The number of hours that your colleague has worked in the last three months is relevant. Your colleague can easily address your employer about this. You can contact me for consultation.\n\n Greeting\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n In addition to the previous: this also depends on whether a change clause is included in the employment contract and whether the employer (in accordance with Article 7:613 of the Dutch Civil Code) has a weighty interest in changing the scope of work.\n\n Kind regards\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nI agree with Mr Van Viersen and not with Mrs da Graça.\n Because your colleague has been working for this employer for (much) longer than 3 months, there is a legal presumption of the scope of work based on the average number of hours over the last 3 months.\n The employer can only refute a claim if he can demonstrate that the extra work is only temporary (for example due to a specific project or seasonal pressure). I don't think that applies here.\n And please note: Other agreements may apply regarding additional work, as laid down in the collective labor agreement.\n\n This concerns Article 7:610b of the Dutch Civil Code: If an employment contract has lasted at least three months, the agreed work in any month is presumed to have a scope equal to the average scope of the work per month in the three preceding months.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55015452180829,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-22614-hallo-mijn-collega-heeft-een-contract-van-18-tot-32-uur-en-werkt-al-een-jaar-of-5-6-rond-de-30-a-4","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}