Present 5 minutes before the start of work, without compensation


Questioner

My employer wants us to be at the workplace 5 minutes before the start. We are also required to change clothes at work because work clothes are not allowed to be taken home. And we are expected to change clothes outside of the set working hours. Can this be unpaid or uncompensated?

Lawyer

Dutch employment law states that an employee is obliged to comply with reasonable instructions and orders from the employer during working hours. This means that an employer can in principle demand that you are present at the workplace 5 minutes in advance. Whether this time is compensated depends largely on the agreements made in your contract, collective labor agreement or company regulations. If it states that your working hours start at the time you are expected to be present, then this time must be compensated. If your contract, collective labor agreement or company regulations do not contain clear agreements on this specific point, it can become a difficult issue. These may be 'gray' areas that you should discuss with your employer. If you feel that you are being treated unfairly, it may be advisable to seek advice from an employment lawyer or legal expert. It is important to do this before taking any further action.

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