Does your workday start earlier than agreed and you don't get paid for it? How do judges judge this if it is required by the employer?
Call center employees
This was the case at a call center. The call center's rules state that employees must be ready to take the first call at exactly 9 a.m. To never be late and to log in on time, they must always report to the supervisor 10 minutes before the start of a shift.
One of the employees felt that those 10 minutes should also be paid and went to court.
Judge's ruling
It was eventually ruled on appeal that the ten minutes should be considered working time that should simply be paid. The fact that the call center employees were not yet making calls did not matter.
The call center had to pay the employee nearly EUR 3,000 over the past few years, including penalties for late payment.
Paid work time
This ruling is in line with other court rulings on time that you are required to be present at work but not paid. Consider also supermarket employees who must wait for each other after closing to leave the store together, this too is working time that should in principle be paid.
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 contact us.
December 2024
