Mandatory settlement of hours?


Questioner

I have a 36 hour contract from Tuesday to Saturday. Now they are moving and the store will be open 7 days a week. We as a team are expected to absorb these hours. On Sundays this means that you work 5.5 hours and get another day off (7.5 hours). This means that you do not work enough hours for your contract that week or you have to work more than your contract hours. Is that allowed or are they obliged to charge you for those hours? The Sunday hours are paid double but not double calculated in hours but in money. Is this allowed? There is no collective labor agreement in the optics sector.

Lawyer

In principle, these types of situations depend on what is included in your employment contract. If your contract does not specifically state which days you have to work, or if some flexibility is given about your working days, it is possible that the employer may ask you to work on Sundays as well. Regarding working on Sunday and compensation for it: if Sunday does not fall within your standard working week and is paid as overtime (at a higher rate), it is common practice that these hours are not counted as regular hours, but as overtime. In general, if you work more hours than stated in your contract, this is called overtime. In the Netherlands, however, overtime is not regulated by law, so it depends on what is stated in your employment contract on how this is compensated. If there is no specific overtime provision in your contract, these hours are normally paid at the normal hourly rate. In any case, I would recommend that you seek the help of a lawyer or attorney to assess your specific situation, as this question is highly dependent on the content of your employment contract. ---------------- 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

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