Claim your hours from your employer - Rechtswinkel.nl

Questioner

How can I claim from my employer that my 4-hour contract does not correspond to the average of 150 hours per month that I have been working for 11 months now? The employer himself has indicated that there is enough work! Can I send them a letter claiming these hours because they have been offering me these hours for 11 months? It has become common law?

Lawyer

If you structurally work more hours than initially agreed, the scope of work is presumed to have increased to the number of hours you have worked on average over the past three months, on the basis of Article 7:610b of the Dutch Civil Code. If you want this to be recorded in writing, you must enter into discussions with your employer. If relations are good, I would first discuss this verbally, and only proceed to sending letters if you cannot reach an agreement in personal discussions. In that discussion(s), you must then state that you are invoking this legal presumption, that you are making yourself available for that number of hours and that you are entitled to the salary corresponding to those hours (regardless of whether you are actually called in for all hours). For the sake of completeness, I would like to point out that this position can put pressure on the employment relationship(s), especially if the employer prefers not to guarantee you this number of hours in writing. If you expect to be called up for an average of 150 hours per month in the coming period (also), I would therefore advise you not to bring up this subject for the time being, but to postpone discussions about it until you are actually scheduled/called up less. Because the presumption of evidence regarding the scope of work is based on the previous period of 3 months, it is wise in that case to start the discussions immediately as soon as you notice that you are scheduled/called up less. Especially if you have a temporary contract, I would