Employer gives 45 hours of work with 32 hour contract and refuses adjustment

Questioner

Employee has gone from a 40-hour contract to a 32-hour contract. The employee has been with the company for almost 20 years, the last 6 years part-time. Two years ago, the employee suffered a burnout because the workload and work pressure were far too high. There were several discussions about this, but a burnout was the result. The employee was out of action for over a year and started integrating again just before the pandemic. Due to all the circumstances, the integration was not completed entirely according to plan and the employee started working the full 32 hours again. It soon became apparent that the workload/work pressure had not decreased and the employee pulled the brakes again. This time, the workload was discussed and it was concluded, mutually, that the employee has a workload of approximately 40-45 hours on a 32-hour contract. The employee requests an adjustment of the workload, which is in line with the 32-hour contract. The employer refuses, despite acknowledging the excessive workload, to adjust the workload. What rights does the employee have and what obligations does the employer have with regard to respecting the hours stated in the employment contract. There is no collective labor agreement and the contract states that overtime may be required if necessary. No specific guidelines in hours, nor compensation for extra hours.

Lawyer

If the employee works an average higher number of hours (on behalf of the employer) than agreed for at least 3 months in a row, then there may be a (legal) presumption that an employment contract has been created for that average higher number of hours. This also includes an adjusted payment. The employer has the possibility to prove the opposite.

Questioner

And if the employee wants to hold the employer to the 32 hours? What rights and obligations apply then?

Lawyer

In principle, you can assume the number of contract hours that you have agreed upon. However, if you actually work more (during a certain period), and have perhaps also been paid more, you could argue that you have (implicitly) agreed to contract extension. What may have been agreed upon regarding (incidental) more or less work may also be important.