Does your employer have to pay you if you have to be present before your shift?
In September 2024, the Supreme Court issued an interesting ruling on a seemingly minor but recognizable issue for many employees: mandatory attendance at work before the start of the shift. The central question was: can those 10 minutes of waiting time count as paid work time? This may seem like a detail, but it gets to the heart of what counts as "working" and when the employer's obligation to pay wages begins.
The case study: Teleperformance and the 10-minute rule
The case revolved around an employee of Teleperformance Netherlands B.V., a large call center company. This employee was required to be present at the workplace 10 minutes before the start of his shift. He had to report, prepare and be ready so that he could start making calls immediately at the stroke of the hour.
The employee felt that this 10 minutes of waiting time should be considered paid work time. Teleperformance refused to do so. Eventually the case ended up at the District Court, then the Court of Appeal, and finally even at the Supreme Court, the highest court in the Netherlands.
What does the law say about working time?
By law, working time is any time during which the employee performs work, or must be available to perform work, under the authority of the employer. For example, consider time when you are waiting for instructions or already required to be present at a designated location.
But what about "being ready? Therein lies the legal nuance.
Supreme Court opinion
In this ruling, the Supreme Court upheld the judgment of the trial court. This means that the highest court saw no reason to overturn the earlier judgment. And although the Supreme Court gave no further substantive reasoning (based on section 81 RO), we know that the trial court had ruled that those 10 minutes of waiting time were indeed working time and thus should be paid.
In short, if an employee is required to be present at work, it is basically working time, even if the actual work has not yet begun.
Why is this ruling important?
This ruling is of concern to many employers and employees, especially in industries that are meticulous with time, such as call centers, security, transportation, retail and healthcare.
Employers who require "preparation time" before the shift begins should carefully consider whether to reward that time. If not, it could lead to legal disputes and possible back pay.
For employees, this ruling provides clarity and a powerful precedent: if you are required to be present already, then you are entitled to wages, even if you are not performing "active" work at that time.
Practical advice for employers
- Check internal rules and schedules: Are employees expected to attend earlier? If so, document whether that is work time.
- Pay work time correctly: In doubt about whether on-call time should be compensated? Get advice. Failure to pay can result in costly wage claims.
- Provide transparent communication: Let employees know what is expected of them and whether it will be reimbursed.
Practical advice for employees
- Write down your work hours properly: Keep track of when you need to be present and when you start working.
- Check with your employer: Is it unclear whether your on-call time will be reimbursed? Ask for clarification.
- Consult an employment law specialist: If you have structural unpaid mandatory attendance, legal advice may pay off.
Conclusion
This Supreme Court ruling underscores an important principle: It's not just about what you do, but also about when you have to be somewhere. Compulsory attendance before your shift can simply be working time - with associated pay entitlement.
Are you in a similar situation or want to know if your terms and conditions of employment were applied correctly? Please feel free to contact one of our employment law specialists. We will be happy to help you further.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about wages. Please feel free to contact us .
April 2025
