What is the trigger
A call center employee was required to arrive at work 10 minutes in advance each day. When he was already off duty, he still claimed payment for those 10 minutes. He was also vindicated at the Court of Appeal and was entitled to nearly €3,000.
Questions to Arbeidsadvocaat.nl
We have received an awful lot of calls and emails from employees who also need to attend unpaid before or after work. This still appears to be very common. We have noticed that store employees are particularly affected by this, as well as employees who work shifts and have to attend unpaid earlier for a shift change. Many employees find it exciting to raise this with their employer. and we understand that very well. Especially if you have a temporary - or 0-hour contract. On the other hand: asking is free:
"Gee, supervisor, I sometimes have to stay half an hour longer to count the cash register. Why isn't this actually just paid for?"
If you dare not raise it during your employment, you could also do so after the fact. After all, a wage claim works back 5 years.
What is important then is to think carefully about the following questions: was I required to come earlier or stay longer? Was I already under the authority of my employer at that time, for example because you were already required to perform certain (preparatory) work and were given instructions? If the answer is yes, then there is a real chance that you are entitled to wages. Evidence is important here. Consider a written work instruction. Or a warning received if you were not present well enough in advance on one occasion.
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 the right to wages during mandatory attendance. Please feel free to contact us.
June 2024
