Reasons for refusing a contract increase request?

Questioner

I have been working for a supermarket for 7 years, permanent contract since 2021. I would like to work a little more, 4 hours a week, from 28 hours to 32 hours. I requested this from my direct manager, but he did not know that this was possible, so he forwarded the request to his manager and HR. The response to this was that I was technically right, but that they rejected it because I had been ill. Now I still do not fully understand which period they are referring to, because I have been ill for a year with PTSD and back again since May of this year, but I have also been ill twice in the past few months, I had the flu. I then sent an email to my manager, his manager and HR with the same request. I did this because it is stated that way on https://www.juridischloket.nl/werk-en-inkomen/arbeidscontract-en-werktijden/minder-werken/ . The manager's response to my email says that they are rejecting it because I have not worked overtime structurally in recent months. I don't really know what to do. Do I have the right to work more? Because if I don't, then I don't have to fight, but if I do have the right, then I would like to know what to do.

Lawyer

It is a complex situation you are in. Dutch employment law offers some protection to employees who want to adjust their working hours, but it is not absolute. The right to work more hours, according to article 2 of the Flexible Working Act (Wfw), is not completely unconditional and can be refused by the employer under certain circumstances. However, based on the information you have provided, it seems that the employer's main reasons for refusing the extension of hours are your recent illnesses and the fact that you have not structurally worked overtime. It does not immediately sound like a weighty business or service interest, which can be a legitimate reason for refusal according to the Wfw. What you could do is try to get a more detailed explanation from your employer as to why your request is being refused. You can then test these reasons against the legal requirements for a refusal to increase hours. It is always wise to seek legal advice in such cases. A specialist employment law expert, such as an employment lawyer, can probably guide you well in this process. Please note: this is exploratory advice based on the limited information you have provided. It is always advisable to consult with a lawyer in such matters as every situation is unique. ------------- 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.