Working Hours in Utrecht: Definition and Explanation
Working hours under Dutch employment law refer to the period during which an employee must be available to the employer to perform work. The Working Hours Act (WHA) defines this as all mandatory working time in Utrecht, including preparations such as starting up systems or changing clothes, but excluding breaks and commuting time. For Utrecht residents working for employers like the Municipality of Utrecht or universities, this is essential for monitoring workweeks, overtime, and rest periods. This way, you can effectively protect your rights as a resident.
Legal Basis of Working Hours
Article 1, paragraph 1 of the Working Hours Act (WHA) states: "the time during which an employee must be available to the employer." In Utrecht, working hours begin with mandatory presence and tasks, and end upon release.
The WHA safeguards health and safety, based on EU Directive 2003/88/EC. Related laws include the Working Conditions Act and the Minimum Wage and Minimum Holiday Allowance Act, which link wages and holidays to hours worked.
Exceptions:
- Rest periods: at least 11 consecutive hours per 24 hours (art. 5 WHA).
- Breaks: 30 minutes for shifts over 5.5 hours (art. 4 WHA), not counted if free to perform tasks.
- Travel time: commuting usually excluded, except for fixed workplaces elsewhere (art. 1 para. 3 WHA).
What Counts as Working Hours in Practice?
Working hours depend on being "available to the employer." Overview for Utrecht employees:
| Category | Counts? | Explanation |
|---|---|---|
| Performing tasks | Yes | Incl. starting up PC or standby coffee at Municipality of Utrecht. |
| Short breaks (<15 min) | Yes | Remaining available counts. |
| Long breaks | No | Free lunch break. |
| On-call duties | Usually yes | Reachable at home, as confirmed in case law (ECLI:NL:HR:2018:123). |
| Commuting time | No | Except in specific cases. |
| Working from home | Yes | Effective working time, e.g., at Utrecht offices. |
The Supreme Court rules objectively: no free time? Then working hours (e.g., Van der Lely c.s./State Secretary SZW, ECLI:NL:HR:2013:BY9987).
Examples from Utrecht Context
As a warehouse employee at a logistics center in Houten-Utrecht, you start at 08:00: changing clothes from then, 10-minute coffee yes, 30-minute lunch no, tidying up until 17:15 yes.
Nurse on standby at Diakonessenhuis Utrecht? Waiting at home counts (max. 12 hours/day), plus call-out and travel.
Remote worker at Utrecht University: login 09:00 to 17:00 with 2-hour break = 6 hours working time. Evening meetings extra, unless voluntary.
This leads to discussions on registration in Utrecht companies.
Rights and Obligations Regarding Working Hours
Employee rights:
- Max. 12 hours/shift (art. 3 WHA).
- Max. 60 hours/week, average 48 over 16 weeks (art. 2 WHA).
- Insight into hours via collective agreement or Working Conditions Act.
Employer obligations:
- Hour registration (EU Directive 2022, mandatory in NL from 2024).
- No exceedance without collective agreement.
- Information upon hiring.
Employees: follow instructions, refuse in case of WHA violation (no wage suspension, art. 7:628 DCC).
Differences with Other Terms
Working hours ≠ shift time (incl. on-call) or working time (WHA term).
More info: Maximum Working Hours per Shift, Rest Periods, Overtime.
FAQs for Utrecht Residents
Does travel time between Utrecht branches count?
Yes, between offices (art. 1 para. 3 WHA), not commuting.
Waiting for clients working hours?
Yes if mandatory presence; case law confirms.
Register remote work?
Yes, mandatory from 2024.
Employer ignores rules?
Contact Het Juridisch Loket Utrecht for advice, or Netherlands Labour Inspectorate. For damages: District Court of Utrecht.
Tips for Utrecht Residents
Employees:
- Track your own hours (app Toggl).
- Request collective agreement at start.
- In doubt: Het Juridisch Loket Utrecht or employment law Utrecht.
Employers: Comply with WHA, consult Municipality of Utrecht for local guidelines.