Many employees consider working fewer hours at some point in their careers—for example, due to caregiving responsibilities, to pursue their studies, or simply to achieve a better work-life balance. But what if your employer isn’t on board with that? Can your employer just refuse your request? In this blog, we explain your rights under the Flexible Work Act and when an employer may—and may not—reject a request to reduce working hours.
The Flexible Work Act: The Basic Principle Is Consent
The Flexible Work Act (Wfw) governs, among other things, the right of employees to submit a request to adjust their working hours in order to work fewer hours. This applies to employees of companies with more than ten employees, provided the employee has been employed for at least 26 weeks.
The basic principle of the law is clear: an employer must, in principle, accept a request to work fewer hours, unless there is a compelling business interest. That bar is set high.
What does not constitute a compelling business interest?
In practice, it is common for employers to provide few specific reasons for their refusal. The arguments listed below do not reflect a compelling business interest:
- “It’s inconvenient for the team.”
- “We’re used to people working five days a week.”
- “You’ll be less available then.”
The legislative history states that such an interest exists only if serious problems arise for business operations, which must also be demonstrable.
Examples of interests that are indeed compelling
The following situations may fall under “compelling interests,” provided they are properly substantiated:
- In a very tight labor market, it is impossible to find replacements, and this leads to severe understaffing.
- These are positions subject to legal scheduling or safety requirements, such as in the aviation or healthcare sectors.
- At educational institutions, it can sometimes be impossible to finalize the schedules with fewer staff members.
But the same applies here: the employer must be able to demonstrate these interests in a concrete and well-reasoned manner. Simply saying that it is “inconvenient” or “difficult to arrange” is not sufficient.
Real-life example: An animal caretaker wants to reduce their workweek from five to three days
Suppose you work as an animal caretaker at a zoo or an animal shelter. You want to reduce your work schedule from five days a week to three. Your employer says, “I don’t think it’s practical for you to work fewer days.”If your organization always has enough staff to cover the schedules, or if there have been no difficulties in the past finding new colleagues, then your employer does not have a compelling business interest. In that case, the request must, in principle, be granted.
How do you submit a request?
A request to reduce working hours must be submitted in writing at least two months before the desired effective date. The employer must respond within one month. If the employer fails to do so, the request is automatically deemed to have been approved.
A request may be submitted no more than once a year.
What if your employer still refuses without a valid reason?
If your employer still refuses, and their arguments aren’t well-founded, you can discuss the matter with them and request a written explanation. If you can’t reach an agreement, you may want to consider taking legal action. In some cases, a judge may rule that the refusal is unjustified and that the request must still be granted.
Conclusion
Employees have a strong right to a reduction in their working hours. An employer may refuse such a request only if there are concrete and demonstrable compelling business interests. “It’s not convenient” or “I’d rather not” are not valid reasons. Employers must take requests for reduced working hours seriously and provide sound justification for any refusal. As an employee, it is important to know your rights and to submit a request in writing and in a timely manner.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about employment contracts. Please feel free to contact us .
August 2026