Working Time: Definition and Explanation for Employees in Leiden
Working time under Dutch employment law is the period in which an employee must be available to the employer to perform work. The Working Hours Act (WHA) defines this as all mandatory working time, including preparation and follow-up activities, but excluding breaks and commuting. For employers and employees in Leiden, such as at Leiden University or LUMC, this is essential for monitoring workweeks, overtime, and rest periods. This helps you protect your labor rights in Leiden effectively.
Legal Basis of Working Time
Article 1(1) of the Working Hours Act (WHA) states: "the time during which an employee must be available to the employer." Working time begins with mandatory presence and tasks, and ends thereafter. The WHA safeguards health and safety, based on EU Directive 2003/88/EC. Related laws include the Working Conditions Act (WCA) (art. 2.1) and the Minimum Wage and Minimum Vacation Allowance Act, which link pay and holidays to hours worked.
Exceptions under the WHA:
- Rest periods: at least 11 consecutive hours per 24 hours (art. 5 WHA).
- Breaks: for >5.5 hours of work, at least 30 minutes (art. 4 WHA), not counted if you are free.
- Travel time: commuting usually does not count, except for fixed workplaces elsewhere (art. 1(3) WHA).
What Counts as Working Time in Leiden?
Not everything at the office or home counts as working time; it depends on availability. Overview in the Leiden context:
| Category | Counts? | Explanation |
|---|---|---|
| Performing work | Yes | Tasks for the employer, incl. starting up PC or standby coffee breaks. |
| Short breaks (<15 min) | Yes | Remaining available. |
| Long breaks (>15 min) | No | Free lunch break. |
| On-call duty | Usually yes | Ready for call at home, as at LUMC (ECLI:NL:HR:2018:123). |
| Commuting time | No | Except exceptions. |
| Working from home | Yes | Effective working time, relevant for Leiden knowledge workers. |
The Supreme Court rules objectively: free time possible? No = working time (e.g. Van der Lely et al./State Secretary SZW, ECLI:NL:HR:2013:BY9987).
Practical Examples of Working Time in Leiden
As an employee at a Leiden distribution center, you start at 08:00; changing clothes from then counts. 10-minute coffee: yes, 30-minute lunch: no. Tidying up until 17:15? Working time.
Example 2: LUMC nurse on standby. Waiting at home counts (max. 12 hours/day), plus call-out and travel.
Example 3: Home worker on Leiden uni project. Log-in 09:00 to 17:00 minus 2-hour break = 6 hours working time. Evening meeting? Overtime, if not voluntary.
This is how working time is calculated locally, often disputed in time registration.
Rights and Obligations Regarding Working Time
Employee rights:
- Max. 12 hours/shift (art. 3 WHA).
- Max. 60 hours/week, average 48 over 16 weeks (art. 2 WHA).
- Insight into hours via collective agreement or WCA.
Employer obligations:
- Time registration (EU Directive 2022, mandatory in NL from 2024).
- No exceedance without collective agreement.
- Information at shift start.
Employees must follow instructions but can refuse in case of WHA violation (no wage suspension, art. 7:628 CC).
Difference from Other Terms
Working time ≠ shift time (incl. on-call) or working time (WHA term).
More info: Maximum Working Time per Shift, Rest Periods, Overtime.
Frequently Asked Questions
Does travel time between Leiden locations count?
Yes, not commuting. Between offices, yes (art. 1(3) WHA).
Waiting for a client working time?
Yes if mandatory standby; case law confirms.
Register working from home?
Yes, mandatory from 2024 under EU rules.
Employer ignores rules?
Report to works council/OHS or SZW Inspectorate. Damage? To District Court of Leiden or Leiden Legal Aid Office.
Tips for Residents of Leiden
Employees:
- Track your own hours (app Toggl).
- Request collective agreement at start.
- In doubt? Check Leiden Legal Aid Office for free advice.
- Problems? Municipality of Leiden OHS info or District Court of Leiden.