Legal assistance with working hours: What are your rights?

Questioner

Ir/Madam, My wife currently works in a hairdressing salon for 38 hours a week. She recently reported her pregnancy to her employer to start a dialogue regarding her employment when she returns from leave. She would like to work 26 hours a week. However, her boss is absolutely against this and does not want to go further than 22 hours, something my wife does not want. He indicates that this is too expensive a construction for him and that it is therefore not attractive. In addition, he has hired a new employee to replace my wife during her pregnancy. This new employee has received the full number of hours, which means my wife cannot receive the desired 26 hours. He first consulted with the new employee and only then with my wife, who has been working for him for 12 years. Are these then no longer important business interests? What may and can an employer legally do in these kinds of issues? It is a relatively small company where the boss and bosses work together in the business, including them the total comes to 10 employees.

Lawyer

Based on your story, the employer has no compelling reasons not to allow your wife to work 26 hours a week. The fact that it is more expensive for your employer than letting her work 22 hours is not a compelling argument. In that case, your wife has the right to work 26 hours a week.

Lawyer

As you describe it, there are no compelling reasons for an employer not to agree to 22 hours. The problem, however, is that the Working Hours Adjustment Act does not apply to companies with fewer than 10 employees. The owners are only on the payroll if there is a BV and only then count as an employee. The question is therefore what the legal form of the hairdressing salon is. See http://www.rijksoverheid.nl/onderwerpen/arbeidsovereenkomst-en-cao/vraag-en-antwoord/kan-ik-meer-of-minder-gaan-werken.html. I quote from it: Companies with fewer than 10 employees can make their own arrangements. You can always work less, but there may be conditions attached to this.

Questioner

If the employer still stands firm, what can you do next? And what is wise?

Lawyer

As I indicated, it is questionable whether further steps are possible. That depends on the legal form of the company. Is it a BV, a sole proprietorship, a VOF for example?