Introduction
Many employees consider working fewer hours at some point in their careers. For example, due to care responsibilities, study reasons or simply to create a better work-life balance. But what if the employer does not go along with this? Can your employer just refuse your request? In this blog we explain what your rights are under the Flexible Working Act and when an employer may refuse a request to reduce hours and when not.
The Flexible Work Act: starting point is consent
The Flexible Working Act (Wfw) regulates, among other things, the right of employees to request an adjustment of working hours in order to work fewer hours. This applies to employees of companies with more than ten employees and if the employee has been employed for at least 26 weeks.
The premise of the law is clear: in principle, an employer must accept the request to work fewer hours unless there is a compelling business interest. That bar is high.
What is not a compelling business interest?
In practice, employers frequently give few concrete reasons for their refusal. The arguments below do not reflect a compelling business interest:
- "It's awkward for the team."
- "We're used to you working five days."
- "You are then less available."
The legislative history states that such an interest exists only when serious problems arise for the conduct of business, which, moreover, must be demonstrable.
Examples of compelling interests
The following situations may fall under important interests, provided they are well-founded:
- In a severely tight labor market, it is impossible to find replacements, and this leads to severe understaffing.
- These are positions where legal scheduling or safety requirements apply, such as in aviation or healthcare.
- At educational institutions, it can sometimes be impossible to close schedules with less effort.
But again, the employer must be able to demonstrate these interests in a concrete and substantiated way. Simply saying that it is "not convenient" or "difficult to arrange" is not enough.
Case study: zookeeper wants to go from five to three days
Suppose you work as an animal keeper at a zoo or shelter. You want to go from working five to three days a week. Your employer says, "I don't find it convenient if you come in less. "If your organization always has enough staff to accommodate rosters, or if there has been no difficulty in the past in finding new colleagues, then your employer does not have a compelling business interest. In that case, the request should in principle be granted.
How do you submit a request?
A request to reduce working hours must be made in writing at least two months before the desired effective date. The employer must respond within one month. If he fails to do so, the request is automatically deemed approved.
A request may be made no more than once per year.
What if your employer still refuses without good reason?
Does your employer still refuse, and are the arguments not solidly based? Then you can start the conversation and ask for a written motivation. If you can't work it out together, you may want to consider legal action. In some cases, a judge will rule that a refusal is unjustified and that the request must still be honored.
Conclusion
Employees have a strong right to reduce their working hours. Only in the case of concrete and demonstrable compelling business interests may an employer refuse such a request. 'Not convenient' or 'would rather not' are not valid reasons. Employers must treat requests for reduction of hours seriously and give proper justification. As an employee, it is important to know your rights as well as to submit a request in writing and on time.
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 employment contracts. Please feel free to contact us .
April 2025
