Working Time for Residents of Den Haag: Definition and Explanation
Working time under Dutch employment law is the period during which an employee in Den Haag must be available to the employer to perform work. The Working Hours Act (ATW) defines this as all mandatory working time, including preparations such as starting up systems and tidying up, but excluding breaks and commuting. For residents of Den Haag, this is essential when calculating workweeks, overtime, and rest periods, especially in sectors like the municipality or healthcare. This helps you protect your rights more effectively.
Legal Basis of Working Time in Den Haag
The core of working time is set out in Article 1(1) of the Working Hours Act (ATW): "the time during which an employee must be available to the employer." This begins with mandatory presence and tasks in Den Haag and ends when that obligation ceases.
The ATW protects health and safety, based on EU Directive 2003/88/EC. Related laws include the Working Conditions Act (Arbowet) (art. 2.1) and the Minimum Wage and Minimum Holiday Allowance Act, which link pay and holidays to working time.
Exclusions specific to Den Haag:
- Rest periods: at least 11 consecutive hours 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 to a workplace in Den Haag usually does not count (art. 1(3) ATW).
What Counts as Working Time in Den Haag?
Not everything at the workplace in Den Haag qualifies as working time; the key is whether you must be available. Overview:
| Category | Counts? | Explanation for Den Haag |
|---|---|---|
| Work activities | Yes | Tasks for the employer, incl. starting up PC or standby during coffee break. |
| Short breaks (<15 min) | Yes | Remaining available. |
| Long breaks (>15 min) | No | Free lunch, without tasks. |
| Stand-by duty | Usually yes | Waiting at home for call-out, such as in healthcare (ECLI:NL:HR:2018:123). |
| Travel time work-home | No | Except for fixed workplace outside home. |
| Home working | Yes | Effective working time, popular among Den Haag civil servants. |
The Supreme Court rules objectively: no free time? Then it's working time (e.g., Van der Lely c.s./State Secretary SZW, ECLI:NL:HR:2013:BY9987).
Practical Examples of Working Time in Den Haag
Example 1: Employee at the Municipality of Den Haag starts at 08:00. Arrival, changing, and starting up count from then. 10-minute coffee break is working time, 30-minute lunch is not. Tidying up until 17:15? Working time.
Example 2: Nurse at HagaZiekenhuis on stand-by. Waiting at home for call-out counts (max. 12 hours/day), incl. travel time upon call-out.
Example 3: Home worker at a Den Haag organization logs in 09:00-17:00 with 2 hours break: 6 hours working time. Evening meetings? Extra, unless voluntary.
These cases illustrate calculations, often an issue in Den Haag time registration.
Rights and Obligations Regarding Working Time in Den Haag
Employee rights:
- Max. 12 hours/shift (art. 3 ATW).
- Max. 60 hours/week, average 48 hours/16 weeks (art. 2 ATW).
- Right to time registration (collective agreement/Arbowet).
Employer obligations:
- Register hours (EU Directive 2022, mandatory in NL from 2024).
- No exceedance without collective agreement.
- Provide information at start of shift.
Employees must follow instructions but can refuse in case of ATW violation (no wage suspension, art. 7:628 BW).
Difference from Other Concepts
Working time ≠ service time (incl. stand-by) or working time (ATW term).
More info: Maximum Working Time per Shift. See also: Rest Periods and Overtime.
Frequently Asked Questions Den Haag
Does travel time between Den Haag workplaces count?
Yes, not home-work commuting. Between offices, yes (art. 1(3) ATW).
Waiting for a client working time?
Yes, if mandatory availability. Case law confirms.
Register home working?
Yes, mandatory from 2024 under EU rules.
Employer ignores working time?
Report to Juridisch Loket Den Haag, works council/occupational health service, or Netherlands Labour Authority. Damages? To the District Court of Den Haag.
Tips for Den Haag
Employees:
- Register your own hours (app Toggl).
- Request collective agreement at start.
- Unsure? Consult Juridisch Loket Den Haag.