Can there be a difference in the schedule?

Questioner

In our organization we work with fixed roster lines and redundant roster lines. At all locations there are a (large) number of fixed roster lines, these employees have a fixed recurring roster. These colleagues can already know what they have to work in January 2028, for example. At all locations there are also a small number of redundant roster lines. These colleagues solve the open shifts of the fixed roster lines, for example in case of long-term illness, training, holidays. The redundant roster lines know nothing about their roster in the future, until it comes out each month, always a surprise. There is also a difference in income, the fixed roster lines divide a pot with irregularity, the redundant roster lines always have to wait and see what they are assigned. All employees are trained the same, have the same activities, do the same irregular shifts. The redundant roster lines can be eligible for a fixed roster line if there is a vacancy or if places become available. But this can take months to years My question is, is this allowed, are you allowed as an employer to give one employee more stability, clarity, regularity and income than another? Isn't this a form of employment discrimination, more or less favoring one over the other?

Lawyer

The difference in the roster layout that you describe in your organization may be permitted, depending on the specific circumstances and details of the contracts. In the Netherlands, an employer may in principle determine the working hours and schedules themselves, provided that this is within the legal rules and restrictions (such as the Working Hours Act). The most important thing here is whether there is equal work under equal conditions. It is logical that differences in working hours, responsibilities and contracts can be accompanied by differences in compensation and employment conditions. If the employees in the permanent and redundant roster lines really do the same work under exactly the same conditions, then it may seem unfair at first glance that one group gets more stability than the other. The difference in income can also be a relevant factor in this story. It is important to know on what basis this difference in income arises: are redundant employees paid less for the same work, or is their income less predictable because of the irregular shifts? It is difficult to give a precise answer to this question without all the details. It may therefore be advisable to talk to an employment lawyer or the legal helpdesk about this specific situation. They can assess whether there is a possible inequality that is not allowed, and what the possible next steps could be.' ---------------- 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