Is my son entitled to overtime pay?

Questioner

My son worked at THE restaurant in Deventer. In the meantime, the employment contract has been terminated and my son worked 110 overtime hours in the two months he worked there. He had a contract that included the Horeca CAO. Is he entitled to payment?

Lawyer

I read in the collective labor agreement that overtime can be paid and that this is mandatory if it is not possible to take time off (for those hours) within 6 months. It may also be important what was stated in the employment contract, but in principle if the hours are classified as 'overtime' an employer cannot simply decide not to pay for that number of hours. Has your son (already) received a final statement? Overtime should be listed there. It is wise to write to the employer (possibly by email) with the request to pay the overtime. Depending on how this is responded to, further steps may be taken. Please feel free to contact me if you have any questions or require legal assistance.