Working Time in Rotterdam: Definition and Explanation
Working time under Dutch employment law is the period during which an employee in Rotterdam must be available to the employer to carry out work. The Working Hours Act (ATW) defines this as all hours you are required to spend at the workplace, including preparation and cleanup time, but excluding breaks and commuting. For Rotterdam residents in the port or logistics sectors, this is crucial for accurately calculating overtime, maximum workweeks, and rest periods to protect your rights.
Legal Basis of Working Time in Rotterdam
Article 1, paragraph 1 of the Working Hours Act (ATW) states: "the time during which an employee must be available to his employer." In Rotterdam, working time begins as soon as you are required to be present for tasks and ends only when that obligation ceases. The ATW safeguards health and safety, based on EU Directive 2003/88/EC, and aligns with the Working Conditions Act (Arbowet) and minimum wage regulations.
Specific exceptions under the ATW:
- Rest periods: at least 11 consecutive hours of rest per 24 hours (art. 5 ATW).
- Breaks: for shifts longer than 5.5 hours, at least 30 minutes (art. 4 ATW), which do not count if you are free.
- Travel time: commuting time usually does not count, except for fixed workplaces elsewhere (art. 1 para. 3 ATW).
What Counts as Working Time in Rotterdam?
Not everything on the Rotterdam workplace counts as working time; it hinges on availability. Overview:
| Category | Counts? | Explanation for Rotterdam |
|---|---|---|
| Work performance | Yes | Tasks for the employer, such as starting up your PC or standby in the port. |
| Short breaks (<15 min) | Yes | Remaining available, e.g., coffee break at the office. |
| Long breaks (>15 min) | No | Free lunch, without tasks. |
| Standby duty | Usually yes | Waiting at home for a call, such as in port logistics (ECLI:NL:HR:2018:123). |
| Commuting time | No | From home to Maasvlakte does not count. |
| Working from home | Yes | Effective working time, relevant for Rotterdam office employees. |
The Supreme Court assesses objectively: can you freely dispose of your time? No? Then it is working time (e.g., ECLI:NL:HR:2013:BY9987).
Practical Examples of Working Time in Rotterdam
As a port worker on the Maasvlakte, you start at 08:00: changing clothes and preparing counts 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: Nurse at Erasmus MC on standby. Waiting at home for a call? Working time (max. 12 hours/day), including travel time upon call.
Example 3: Home worker in Rotterdam-South. Log in from 09:00 to 17:00 with 2 hours break: 6 hours working time. Evening meetings? Extra, unless voluntary.
These scenarios illustrate calculations, essential for time recording in Rotterdam companies.
Rights and Obligations Regarding Working Time
Employee rights:
- Max. 12 hours per shift (art. 3 ATW).
- Max. 60 hours/week, average 48 hours/16 weeks (art. 2 ATW).
- Insight into hours via collective labor agreement or Arbowet.
Employer obligations:
- Record hours (EU Directive 2022, NL from 2024).
- No exceedance without collective labor agreement.
- Provide information upon hiring.
Refusal to work in case of ATW violation is permitted without wage suspension (art. 7:628 BW).
Difference with Other Terms
Working time ≠ shift time (incl. standby) or actual working time.
More info: Maximum working time per shift, Rest periods, Overtime.
Frequently Asked Questions Rotterdam
Does travel time between Rotterdam locations count?
Yes, between offices or port sites (art. 1 para. 3 ATW).
Waiting for a client working time?
Yes, if required to be present. Case law confirms.
Register working from home?
Yes, mandatory from 2024.
Employer ignores rules?
Report to Juridisch Loket Rotterdam or Netherlands Labour Authority (Inspectie SZW). In disputes: District Court Rotterdam.
Tips for Rotterdam Residents
Employees:
- Track your own hours (app Toggl).
- Request collective labor agreement at start.
- In doubt: Juridisch Loket Rotterdam or employment law Rotterdam.
Employers: Comply with ATW via Municipality of Rotterdam advice or occupational health services.