Working Hours in Westland: Definition and Explanation
Working time under Dutch employment law is the period during which an employee must be available to the employer to perform work. The Working Hours Act (WHA) includes all mandatory working time, such as preparations in the greenhouse or cleaning tools, but excludes certain breaks or commuting time. For workers in Westland's greenhouse horticulture or logistics sectors, this is crucial for calculating overtime, maximum workweeks, rest periods, and safeguarding your rights.
Legal Basis of Working Hours
The core definition of working time is found in article 1, paragraph 1 WHA: "the time during which an employee must be available to his employer." This begins with mandatory presence and tasks at, for example, a Westland horticulture company, and ends only when that obligation ceases.
The WHA protects health and safety, based on EU Directive 2003/88/EC. Related legislation includes the Working Conditions Act (WCA) (art. 2.1) and the Minimum Wage and Minimum Holiday Allowance Act, which tie wages and holidays to working time.
Key exceptions:
- Rest periods: at least 11 consecutive hours per 24 hours (art. 5 WHA).
- Breaks: for shifts >5.5 hours, at least 30 minutes (art. 4 WHA), which do not count if you are free from duties.
- Commuting time: home-to-work travel generally does not count, except for fixed workplaces away from home (art. 1 paragraph 3 WHA).
What Counts as Working Hours in Westland?
Not all time on site qualifies as working time; it depends on whether you must be available. Overview for local sectors:
| Category | Counts? | Explanation |
|---|---|---|
| Work activities | Yes | Tasks for the employer, such as starting up the greenhouse or turning on the PC in Westland companies. |
| Short breaks (<15 min) | Yes | You remain available, e.g., coffee break at the machine. |
| Long breaks (>15 min) | No | Free from duties, such as lunch in the canteen. |
| On-call duty | Often yes | Waiting at home for a call in logistics (ECLI:NL:HR:2018:123). |
| Travel home-work | No | Except in specific cases. |
| Working from home | Yes | Effective working time for local administration. |
The Supreme Court assesses objectively: can you freely dispose of your time? No? Then it is working time (e.g., Van der Lely c.s./State Secretary SZW, ECLI:NL:HR:2013:BY9987).
Practical Examples for Westland
As a greenhouse worker in 's-Gravenzande, you start at 06:00. Changing clothes and preparing count from then. A 10-minute coffee break is working time; a 30-minute lunch is not. Cleaning up until 17:15? That counts.
Example 2: Logistics worker on standby. Waiting at home for a transport call? Working time (max. 12 hours/day), including travel time upon call.
Example 3: Remote worker for a Westland export company. Logging in from 09:00 to 17:00 with 2 hours break: 6 hours working time. Evening meetings? Additional, unless voluntary.
Such calculations often lead to disputes over time registration in the region.
Rights and Obligations Regarding Working Hours
Employee rights:
- Max. 12 hours per shift (art. 3 WHA).
- Max. 60 hours/week, averaging 48 hours over 16 weeks (art. 2 WHA).
- Right to time registration and access (CBA/WCA).
Employer obligations:
- Register working time (EU Directive 2022, NL from 2024).
- No exceedance without CBA.
- Provide information upon hiring.
You may refuse work in case of WHA violation without wage suspension (art. 7:628 Civil Code).
Difference from Other Concepts
Working time ≠ duty time (incl. on-call) or actual working time (WHA term).
More info: Maximum Working Hours per Shift Westland. See also: Rest Periods and Overtime.
Frequently Asked Questions
Does travel time between greenhouses in Westland count?
Yes, between workplaces (art. 1 paragraph 3 WHA), not home-to-work.
Is waiting for delivery working time?
Yes, if mandatory availability. Case law confirms.
Register remote work in Westland?
Yes, mandatory from 2024 under EU rules.
Employer ignores rules?
Contact Het Juridisch Loket Westland or go to Rechtbank Westland. Report to Inspectorate SZW.
Tips for Westlanders
For employees:
- Track your own hours (app like Toggl).
- Request CBA upon starting, often specific to horticulture.
- In doubt: free advice at Het Juridisch Loket Westland or Municipality of Westland.
For employers: Comply with registration and inform staff. Check local CBAs via FNV or CNV.