What to do when the workload is too high?

Questioner

I have an 18-hour contract. However, my employer forces me to work 32 hours and then also 80 kilometers further from my home at another branch per day 4 hours extra travel time. I did not choose a part-time job near my home for nothing. I have two young children aged 7 and 9 and can therefore no longer take them to sports. Can an employer force me to work more than the hours on my contract? I did not choose part-time for nothing. Thanks in advance for your responses.

Lawyer

The employer cannot force you to work more than your contract, except for occasional overtime. If the employer structurally requires you to work more, you are not obliged to do so. It is best to bring this up with your employer and demand that you are simply scheduled according to your contract hours.

Questioner

Thanks for your response, can he send me to another branch? Two hours in traffic there and two hours back in traffic?

Lawyer

This depends on the agreements you have made about this. Is there anything about this in your contract? Is it customary in your function to work at different locations? What is the reason for your transfer? The employer cannot simply send you to another branch, except for contractual agreements, and will have to demonstrate compelling business interests, such as poor business economic conditions in the branch. It is difficult to assess whether the transfer is reasonable without further information.

Lawyer

In principle, 2 hours there and 2 hours back, certainly with a part-time employment contract/half day work, is too much and you do not have to accept it. The employer's order must be reasonable and it must be reasonable that you accept that order (the so-called double reasonableness test, Supreme Court ruling in Stoof/Mammoet, www.rechtspraak.nl). Based on your summary information, I would initially say that your employer's order is not reasonable. A conversation with a specialized lawyer is therefore advisable. Any costs will be more than recouped with a good assessment.