{"id":5955,"date":"2025-07-15T08:21:25","date_gmt":"2025-07-15T05:21:25","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/arriving-10-minutes-early-entitled-to-pay-or-not\/"},"modified":"2026-08-16T15:45:45","modified_gmt":"2026-08-16T12:45:45","slug":"arriving-10-minutes-early-entitled-to-pay-or-not","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/arriving-10-minutes-early-entitled-to-pay-or-not\/","title":{"rendered":"Arriving 10 Minutes Early: Entitled to Pay or Not?"},"content":{"rendered":"\n

Does your employer have to pay you if you’re required to be present before your shift starts?<\/strong><\/h4>\n\n

In September 2024, the Supreme Court handed<\/a> down an interesting ruling on a seemingly minor issue that is all too familiar to many employees: the requirement to be present at work before the start of a shift. The central question was: Can those 10 minutes of waiting time count as paid working time? This may seem like a minor detail, but it touches on the core of what counts as \u201cwork\u201d and when the employer\u2019s obligation to pay wages begins. <\/p>\n\n

The Case Study: Teleperformance and the 10-Minute Rule<\/strong><\/h4>\n\n

The case involved an employee of Teleperformance Netherlands B.V., a large call center company. This employee was required to be at the workplace 10 minutes before the start of his shift. He had to check in, prepare, and be ready so that he could start making calls immediately at the top of the hour. <\/p>\n\n

The employee believed that this 10-minute wait time should be considered paid work time. Teleperformance refused to agree. Ultimately, the case went to court, then to the court of appeals, and finally even to the Supreme Court, the highest court in the Netherlands. <\/p>\n\n

What does the law say about working hours?<\/strong><\/h4>\n\n

Under the law, working time is defined as all time during which an employee performs work or is required to be available to perform work under the employer\u2019s supervision. This includes, for example, time spent waiting for instructions or time spent at a designated location. <\/p>\n\n

But what about \u201cbeing on standby\u201d? That\u2019s where the legal nuance lies. <\/p>\n\n

The Supreme Court’s ruling<\/strong><\/h4>\n\n

In this ruling, the Supreme Court upheld the Court of Appeals\u2019 decision. This means that the highest court saw no reason to overturn the earlier ruling. And although the Supreme Court did not provide any further substantive reasoning (pursuant to Article 81 of the Rules of Procedure), we know that the Court of Appeal had ruled that those 10 minutes of waiting time were indeed working time and therefore had to be paid. <\/p>\n\n

In short: if an employee is required to be present at work, that time is, in principle, considered working time, even if the actual work has not yet begun.<\/p>\n\n

Why is this ruling important?<\/strong><\/h4>\n\n

This ruling is important for many employers and employees, especially in sectors where time is strictly tracked, such as call centers, security, transportation, retail, and healthcare.<\/p>\n\n

Employers who require \u201cpreparation time\u201d before the start of a shift must carefully determine whether they are required to pay for that time. If not, this could lead to legal disputes and potentially back pay. <\/p>\n\n

For employees, this ruling provides clarity and sets a strong precedent: if you are required to be present, you are entitled to wages, even if you are not yet performing \u201cactive\u201d work at that time.<\/p>\n\n

Practical Advice for Employers<\/strong><\/h4>\n\n