Shortening hours due to force majeure?

Questioner

I recently started working at an after-school care facility. I was given a contract for 30 hours per week. These are difficult to achieve. At the after-school care facility, we can work 20 hours per week, the remaining 10 hours have to be filled with other tasks, such as grocery shopping and preparing activities. On vacation days and study days, we can work full days and therefore easily achieve the 30 hours. Because the days are short in a normal working week, it often happens that you are scheduled for 2.5 hours or less. Now I know that legally you should always be paid for at least three hours. Am I legally within my rights if I still write off three hours on this day? The contract does not state anything about shorter working days. Now it is also the case that the BSO can sometimes close earlier, for example if the children are picked up earlier (for example 6 o'clock instead of 6:30). In the planning that is sent weekly, you are sometimes scheduled for closing duty (that is 6:30), on the day itself hours may not be adjusted without being paid for (so working overtime is not a problem, but having to stop earlier without your immediate agreement or without it being possible otherwise, for example, means that the hours may not be adjusted downwards). Legally, we are then allowed to write down the original hours (so in this case 6:30 instead of having to shorten this to 6 due to force majeure). Is that correct?

Lawyer

To answer your question, I would first like to zoom in on two important terms in employment law: the minimum wage guarantee for short-term services and employment contract. According to Dutch law, there is a minimum wage guarantee for short shifts. This means that even if you work less than three hours a day, you are entitled to payment for at least three hours. If you are only scheduled for 2.5 hours, you should be paid for 3 hours according to the law. However, this does not apply to all types of employment. For example, the three-guarantee scheme often does not apply to on-call workers. As for reducing hours due to force majeure, it depends on the specific circumstances and the exact content of your employment contract. In general, it can be said that employers cannot simply decide to reduce working hours and pay less wages without the employee's consent. So if your employer decides that you have to stop working earlier due to force majeure, for example, you should in principle still be entitled to your full wages. Ultimately, it’s good to realize that the exact rules can vary based on your specific situation and employment contract. It’s always a good idea to seek legal advice when in doubt. An employment lawyer can help you explain and protect your rights and obligations. But based on what you’re telling me, it’s certainly possible that you could be entitled to these rights. It’s important to verify this with a professional who has all the details of your situation. ---------------- 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