Working Hours in Amsterdam: Definition and Explanation
Working hours under Dutch employment law are the period during which an employee must be available to the employer to perform work. The Working Hours Act (ATW) defines this as all mandatory working time in Amsterdam, including preparation tasks and cleanup, but excluding breaks and commuting time. For Amsterdammers in sectors like hospitality, port, or healthcare, this is essential for calculating overtime, rest periods, and maximum workweeks to safeguard your rights.
Legal Basis of Working Hours in Amsterdam
Article 1, paragraph 1 of the Working Hours Act (ATW) states: "the time during which an employee must be at the disposal of his employer." In Amsterdam, working hours begin as soon as you are required to be present for tasks, and that obligation ends later. The ATW protects health and safety, based on EU Directive 2003/88/EC, and aligns with the Working Conditions Act (Arbowet) and Minimum Wage and Minimum Holiday Allowance Act.
Exceptions for rest and travel time:
- 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), not counted if you are free.
- Travel time: commuting usually does not count, except for fixed workplaces outside home (art. 1 para. 3 ATW).
What Counts as Working Hours in Amsterdam Practice?
In Amsterdam work environments, it depends on 'being at the employer's disposal.' Overview:
| Category | Counts? | Explanation for Amsterdam |
|---|---|---|
| Work tasks | Yes | Tasks for the employer, such as starting up a PC or standby in hospitality on the Dam. |
| Short breaks (<15 min) | Yes | You remain available, e.g., coffee in the port canteen. |
| Long breaks (>15 min) | No | Free lunch break without tasks. |
| Stand-by duty | Usually yes | Waiting at home for a call, such as healthcare staff (ECLI:NL:HR:2018:123). |
| Commuting time | No | Biking from the Jordaan to work does not count. |
| Working from home | Yes | Effective working time from home in the Pijp. |
The Supreme Court rules objectively: can you freely dispose of your time? No? Then it's working time (e.g., Van der Lely c.s./State Secretary SZW, ECLI:NL:HR:2013:BY9987).
Examples of Working Hours for Amsterdammers
As a port worker at the Amsterdam port, you start at 08:00: changing clothes and preparing counts. A 10-minute coffee break is working time, a 30-minute lunch is not. Cleanup until 17:15? That counts.
Example: Nurse at OLVG or AMC on standby at home. Waiting for a call is working time (max. 12 hours/day), including travel time upon call-out.
Example: Remote worker at a Zuidas startup. Logging in from 09:00 to 17:00 with 2 hours break: 6 hours working time. Evening meetings count extra, unless voluntary.
Rights and Obligations Regarding Working Hours in Amsterdam
Employee rights:
- Max. 12 hours per shift (art. 3 ATW).
- Max. 60 hours/week, average 48 hours over 16 weeks (art. 2 ATW).
- Right to time registration (collective agreement/Arbowet).
Employer obligations:
- Register hours (EU Directive 2022, NL from 2024).
- No exceedance without collective agreement.
- Provide information upon hiring.
Refusal in case of ATW violation is allowed without wage suspension (art. 7:628 BW).
Difference from Other Concepts
Working hours ≠ service time (incl. standby) or actual working time.
More info: Maximum working hours per shift, Rest periods, Overtime.
Frequently Asked Questions for Amsterdam
Does travel time between workplaces count as working hours?
Yes, between Amsterdam locations (art. 1 para. 3 ATW), not commuting.
Is waiting for customers working hours?
Yes, for mandatory standby, confirmed by case law.
Register working from home in Amsterdam?
Yes, mandatory from 2024 under EU rules.
Employer ignores working hours?
Report to works council/occupational health service or SZW Inspectorate. Free advice at Juridisch Loket Amsterdam, claim damages at Amsterdam District Court (sub-district judge).
Tips for Amsterdammers
Employees:
- Track your own hours (app Toggl).
- Request collective agreement at start.
- In doubt: Juridisch Loket Amsterdam or employment law info.
Employers: Follow Municipality of Amsterdam occupational health advice for local sectors.