Legal Advice for Sleep Watch in Mental Health Care

Questioner

I have recently started working as a sleep guard within the mental health care. The arrangement is: 10.5 hours present, of which you are expected to sleep 10 hours. This time is paid 50%, unless you are called, in which case that time is paid in full. If you are not called, I only get paid for 5.5 of the 10.5 hours. Is this a correct arrangement? In my opinion, a maximum of 8 hours of sleep should be calculated here and therefore 2.5 should always be paid in full. In addition, the 'net hours' (i.e. the 5.5 hours) are administered, which means that it now appears that my service time per night is not 10.5 but 5.5 hours. This does not seem correct to me and can of course affect other financial/fiscal arrangements. Please advise.

Lawyer

Based on article 6 of the collective labor agreement, as a part-timer in a night-time on-call service you can rely on the number of TVT hours that you have worked. If you become a night watchman on a night-time on-call shift from 10 p.m. to 6 a.m., you will also be entitled to an additional 50% of the agreed salary. Based on collective labor agreements for mental health care, care for the disabled and hospitals, the salary for night shifts is 50%. That's just the way it is, unfortunately. To ensure that all hours are clear, I recommend that you have the hours you are present stated on the pay slip.