Are you required to be at work earlier and not getting paid for this?
It is common for employees to be required to be at work earlier, such as to register, gather tools or prepare for work. But what about payment for that extra time? This issue was recently addressed in a court case that took place at Schiphol Airport. In this case, a baggage handler had to be present 15 minutes before the start of his shift to report to his coordinator. The question was whether this time should be considered working time and whether the employee was entitled to payment for it.
The situation at Schiphol Airport
The baggage handler's working conditions were as follows: the employee was required to report to his coordinator 15 minutes before the start of the shift. This rule was introduced because, in the past, employees often arrived late for their shifts, so they did not arrive at their workstations until later than scheduled. This led to delays and inefficiencies, which the company wanted to avoid. The extra time was used to allow the employee to sign in, pick up a walkie-talkie and go to the appropriate location.
Haarlem subdistrict court rules: 15 minutes counts as working time
The Haarlem subdistrict court ruled that the 15 minutes the employee had to be present prior to his shift had to be considered working time under the Working Hours Act. This meant that the employee was entitled to pay for this period, as it was a mandatory part of his working day. The ruling resulted in the employee still receiving nearly 4,000 euros for five years of unpaid work hours.
Conclusion: when is prior time working time?
This ruling is important for employees who have similar obligations to show up for work earlier. If this time is an obligation for the employee and is necessary to perform the work properly, it can be counted as working time. This means that the employee is entitled to be paid for time spent on such obligations.
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 working hours. Please feel free to get in touch .
April 2025
