The European Court of Justice has issued an important ruling that has major implications for part-time workers in the Netherlands. According to the Court, part-timers are entitled to overtime pay as soon as they work more hours than their contractual working hours, regardless of whether this means they reach the number of hours of a full-time appointment.
What does this mean for you?
In many companies, overtime pay is currently provided to part-timers only when they work more hours than the full number of hours of full-time employment. This means that if you work, say, 24 hours a week, you will only receive an allowance when you work more than 38 hours. This practice has now been declared discriminatory by the European Court.
Background to the ruling
The case was triggered by two part-time nurses in Germany. They regularly worked more hours than their contractual 24 hours a week, but did not receive overtime pay unless they worked more than 38.5 hours. The court ruled that this was unequal treatment, as part-timers perform the same work as full-timers and are entitled to equal pay for extra hours worked.
Impact on conditions of employment
This ruling has a direct impact on collective agreements and employment conditions regulations in the Netherlands. Provisions that grant overtime bonuses only above full-time working hours must be reviewed. Part-timers may be able to claim back pay for overtime bonuses for extra hours worked above their contractual working hours, up to five years back.
Role of VHP2
As VHP2, we are committed to the interests of professionals. We will actively engage with employers and works councils to bring employment conditions in line with this ruling. In addition, we are ready to advise and support our members in claiming any overtime compensation arrears.
What can you do?
- Check your terms of employment: Check your contract and collective agreement for provisions around overtime pay.
- Register your overtime: Keep accurate records of how many hours you work above your contractual working hours.
- Contact VHP2: Do you have questions or need legal advice? Our experts are at your service.
Read European Court of Justice ruling? Click here.