Introduction
Plus and minus hours are common in sectors with varying workloads, such as healthcare, hospitality and manufacturing. Although these hours are daily practice, few legal rules exist. This blog explains how employers and employees should handle plus and minus hours carefully, especially when terminating employment contracts.
What are plus and minus hours?
Plus and minus hours are the extra or just under hours worked compared to an employee's contractual working hours. This is common in sectors such as healthcare, hospitality and industry, where the workload can vary from period to period. Although the phenomenon is common, there are no specific legal rules about plus and minus hours. Often, agreements about this are included in the collective bargaining agreement, staff handbook or individual employment contract.
With plus hours, an employee works more than the agreed number of hours. These extra hours can be compensated in time off or paid out. Minimum hours occur when an employee works less than agreed upon. The question is then how to deal with this, especially when employment ends.
Minimum hours and the employer's responsibility
In principle, the risk of minus hours often lies with the employer. If an employee is structurally scheduled less and therefore accrues minus hours, this is usually seen as an organizational problem. Employers are supposed to actively inform employees about their hourly balance and provide them with sufficient opportunities to make up minus hours by smart scheduling.
When an employee does not get the chance to make up for lost hours due to the employer's actions, these hours are usually not allowed to be settled at the end of the employment contract. Judges have strict requirements for this: it must be able to prove that the employee was informed in a timely manner about the state of affairs and had sufficient opportunity to work extra.
Plus hours at the end of the employment contract
In principle, if an employee has accrued plus hours at the end of the employment contract , the employer must pay them out or have them taken as time off. Thus, plus hours are in a sense an employee benefit: the extra time worked is rewarded, unless clear agreements have been made in this regard that justify a different settlement.
Importance of clear agreements
To avoid discussions about plus and minus hours, it is wise to make clear agreements. This can be done, for example, by including rules in the employment contract or staff handbook about how plus and minus hours are tracked, compensated and settled. Transparency prevents much ambiguity and possible disputes at the end of the employment relationship.
Conclusion
Without clear agreements, plus and minus hours can lead to discussion at the end of employment. Employers often bear the risk for minus hours, while plus hours must usually be paid. Clear agreements and good communication prevent legal disputes and financial surprises.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – 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 hours. Please feel free to get in touch .
April 2025
