Management forces me to work on Saturdays?

Questioner

Since October 2017 (so now six years and two months) I have been working at a supermarket in my village. I worked for two years and ten months as a sales employee (shelf stacker) and then I was given the position of sales team leader, which has become sales shift leader since May 2021. Since I started working at this supermarket, the occupation of managers on Saturdays has been a disaster. Two managers are needed for that day, one for the morning/afternoon part and one for the afternoon/evening. Nobody wants/can work on this day. More than six years ago I started as a shelf stacker on Saturdays and after I was given my managerial position I became the team leader on Saturdays. Sometimes with another manager, in other cases I did both parts of the day independently. Finding a replacement for this day was always incredibly difficult, because no one wanted to work on this day. The same goes for the holidays. In the end, with a few exceptions, I always worked on Saturdays until July 2023. Due to private circumstances and busy internships and school, which I spend more than 40 hours a week on, I am no longer able to work on Saturdays. The colleague who supported me on Saturdays has resigned and has since left, which means that there is no longer a manager available on Saturdays. For the reasons mentioned above, I have had to adjust my availability to two weekday evenings from 6:00 PM to 9:30 PM, one evening from 4:30 PM to 9:30 PM and the entire Sunday available. I have a contract for 12 hours per week. The management of our branch is stressed because of this and they do not want to have to solve this problem themselves. Now they want to appeal to me by means of 'customary law' as they call it, to have me work on Saturdays after all. After having solved the store problem voluntarily for more than five and a half years, they now want to force me to do so because they cannot find another solution themselves. Is this allowed? Can I object to this?

Lawyer

It does indeed seem that you are dealing with a complicated employment law situation. Please remember that specific advice based on personal situations is beyond my capabilities. However, I can give you a general orientation, based on Dutch employment law. Let me start with the subject of the employment contract. It is crucial to understand what is in this contract, especially regarding working hours and your availability. The employment contract and any related documents such as a collective bargaining agreement (CBA) or company regulations may contain provisions regarding when and how much you are required to work. Such documents often define the rights and obligations of both employer and employee, so it is essential to read them carefully. Now, your employer speaks of 'customary law', but this is not automatically applicable to individual work situations in the context of employment law. Customary law in the employment relationship means that certain customs within a company, when these are long-term and uninterrupted, can also create rights or obligations. However, the law, collective labour agreement or employment contract always takes precedence and can thwart any customs. It is important to realize that in certain situations employers do have the possibility to have employees work at certain times. For example, when this is essential for the business operations or company regulations. It is always the question in each situation whether the employer's demands are reasonable. The above sets out the general outline, but I would like to emphasise that individual situations can vary depending on a number of specific factors and circumstances. These may include matters such as the nature of the work, the sector in which you work, specific provisions in your employment contract, and so on. Therefore, in your case, it may be advisable to seek further professional legal advice. This could be done by a lawyer or attorney specializing in employment law, or by a trade union if you are a member of one. These professionals can provide you with a more detailed analysis and advice, based on your specific work situation and the employment law context in which it occurs. Finally, when seeking legal advice, keep the following points in mind: Make sure you have a clear overview of your situation and all relevant documentation at hand, such as your employment contract, company regulations or collective labour agreements. And remember, the purpose of seeking legal advice is to protect your rights and interests, so that you can receive the best possible help. Do not engage a legal assistant without verifying that they are professional, reliable and knowledgeable. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.