Changing Fixed Contract Hours: Comprehensive Guide For Employees And Employers

1. Introduction: What Does Changing Permanent Contract Hours Mean and Why Is It Important?

Changing fixed contract hours means that the working hours and duration of employment in a permanent employment contract are adjusted. In the Netherlands, employees with a permanent contract have specific rights under the Flexible Working Act, while employers are allowed to change employment conditions under certain conditions. Adjusting hours is a significant change in the employment relationship that often requires consultation and agreement. This may also mean that employment conditions are changed, including working at different times.

This guide covers:

Legal rights and procedures for employees and employers
Practical steps for submitting a request
Examples of successful working hour adjustments
Common pitfalls and how to avoid them
Examples of other working hours as possible changes

Changing contract hours is often linked to changing employment conditions and agreeing on different working hours.

Whether you are an employee who wants to work fewer hours due to personal circumstances, or an employer who has received a request for change, this guide offers clear agreements and practical tips.

2. Understanding Fixed Contract Hours Changes: Key Concepts and Definitions

2.1 Key Concepts

A fixed contract is an employment contract for an indefinite period in which the number of hours worked is contractually agreed. Changing these hours requires a formal procedure in which both parties take each other’s interests into account. Always check whether your contract contains a change clause, as this determines the possibilities for adjustment. An employee does not have to agree to a change in working hours unless the employer has a good reason and the change is reasonable.

Important terms:

Working hours: The number of hours an employee works per week according to the contract
Modification clause: Clause that allows unilateral modification by the employer
Compelling business interests: Serious business reasons that justify a change
Reasonable proposal: Adjustment that is acceptable to both parties

Tip: Read your contract carefully before requesting a change â€“ this will help you avoid disappointment.

2.2 Relationships between concepts

Changing hours under a permanent contract follows a clear process:

Employee submits a request â†’ Employer assesses this within the set period â†’ Approves or rejects with justification â†’ In case of rejection, appeal or mediation is possible. The employer must respond in writing and with justification to requests to change working hours within a maximum period of one month.

The employee’s consent is usually required to implement a change. The employee must agree to certain changes, unless there are compelling reasons that justify a refusal. Both parties must agree on the proposed change before it can take effect. Sometimes a vote is required, for example in consultation with the works council. Always discuss changes with the parties involved before a decision is made. The change can only be implemented after the employer has agreed to it.

This procedure may vary depending on factors such as the size of the company, the existence of a collective labour agreement and whether there is a change clause in the contract. The Flexible Working Act does not apply to companies with fewer than ten employees; they must make their own arrangements. The employer must consult with the employee before making a decision.

3. Why changing the hours of a permanent contract is important in Dutch labour law

The ability to adjust hours provides important flexibility in the modern labour market. According to CBS data, approximately 1.2 million employees adjust their working hours each year, 70% of them at their own request. Adjusting working hours can have financial consequences, such as a lower salary or reduced pension accrual.

Advantages for employees:

Better work-life balance
Opportunity to care for children or family
Gradual transition to retirement
Opportunity for further training or other activities
Some employees actually want to work more hours, for example due to temporary busy periods or seasonal peaks.
Employees who work extra hours on a temporary basis benefit from clear agreements about these extra hours in order to avoid misunderstandings.
Employees who wish to work fewer hours due to personal or unforeseen circumstances, such as caring for a parent in need of assistance, can adjust their working hours.
Employees can also request different working hours, for example to combine family commitments.

In some situations, employees have worked more hours than contractually agreed on a structural basis. In such cases, it is important to recognise the hours worked and to make clear agreements about this.

Advantages for employers:

Retaining experienced employees
Flexibility in the face of fluctuating workloads
Ability to deploy staff flexibly at different working hours, in line with business needs
Lower personnel costs during downturns
Increased employee satisfaction
A change in working hours can have a positive effect on the organisation, provided that new agreements are made after consultation and recorded in writing.

Research shows that flexible working hours can increase employee satisfaction by 35%, while companies that cooperate with working hour adjustments experience less staff turnover. It is essential to always record the new agreements in writing after a change.

4. Flexible Working Act: Legal Framework for Changes to Working Hours

The Flexible Working Act provides the legal framework for changing working hours and working times under a permanent contract. This Act gives employees the right to submit a request for an adjustment to their working hours, working times or place of work. The employer is obliged to treat this request seriously and may only reject it if there are compelling reasons. These could include serious problems in the areas of staffing, safety, scheduling or financial issues that are considered to be compelling business or service interests.

When an employee submits a request, the employer must respond in writing no later than one month before the desired start date. In this response, the employer indicates whether the request is granted or rejected. If the request is rejected, the motivation must be based on compelling interests, including financial problems. It is important that the employer makes a reasonable proposal and takes the employee’s personal situation into account. The law encourages consultation and the search for a solution that is workable for both parties.

Please note: the law only applies to companies with more than ten employees. Smaller companies have different rules and must make their own appropriate arrangements. In all cases, clear agreements between the employee and employer remain essential. Ensure that the reasons for rejecting the request are always recorded in writing.

4. Comparison table of rights and procedures

Situation	Employee rights	Employer obligations	Response period	Grounds for refusal
Company with >10 employees, no amendment clause	Right to request after 6 months of service	Must respond in writing	1 month before effective date	Compelling business interests. Employer may offer alternative position.
Company with fewer than 10 employees	Limited right (exceptions in healthcare)	Obligation to consult	No statutory period	Business interest
With amendment clause	According to contractual agreements	According to clause + reasonableness	According to contract	Overriding interest
Collective labour agreement provisions	According to collective labour agreement conditions	According to collective labour agreement + law. Terms of employment may be amended in consultation with the works council.	According to collective labour agreement	Collective labour agreement criteria

Employees can ask their employer to work more or fewer hours. This request can be submitted in writing, after which the employer must assess the request and respond within the specified period.

5. Step-by-Step Guide to Changing Hours on a Permanent Contract

Step 1: Determine Your Rights and Options

For employees:

Check that you have been employed for at least six months
Check your employment contract for change clauses
Check whether a collective labour agreement applies
Determine how many hours you want to work and why, for example because you want to change your working hours or working time for personal or organisational reasons

Preparation checklist:

[ ] Review your employment contract
[ ] Check collective labour agreement provisions
[ ] Determine company size (fewer than or more than 10 employees)
[ ] Formulate your motivation for the change and check whether the change is necessary for personal or organisational reasons
[ ] Determine desired start date (at least 2 months in advance)

Step 2: Submit a Written Request

A good request should include at least the following:

Your current number of working hours
Desired new hours per week
Proposed start date
Reason for the change
Any transitional arrangements

Sample text: “I hereby request that my working hours be changed from 40 to 32 hours per week, effective [date]. The reason for this is [personal situation]. I propose working four days per week instead of five.”

Step 3: Follow up and evaluate

After submitting your request:

The employer must respond within one month before the desired start date
If no response is received, the request is deemed to have been accepted
In the event of refusal, the employer must provide compelling reasons and justify them in writing
You can request reconsideration or engage external mediation
If mediation does not help, you can submit the dispute to the court

7. Working Hours and Unemployment Benefits: What Are the Consequences?

If you, as an employee, want to work fewer hours or if your employer proposes a change in the number of hours, it is important to consider the consequences for your unemployment benefits. According to the Flexible Working Act, as an employee, you have the right to submit a request to work fewer hours after six months of employment. The employer is obliged to take your request seriously and may only reject it if there is a compelling business interest, such as serious financial problems or unforeseen circumstances within the company.

If you want to work fewer hours, you must submit a written request to your employer. The employer must respond within a reasonable period of time and provide a clear, reasoned answer. If your request is rejected, the employer must demonstrate that there is a compelling reason for not agreeing to it. If you disagree with the rejection, you can go to court as an employee to enforce your right to work fewer hours. In exceptional cases, such as serious financial problems or insufficient work, the employer may unilaterally change the number of hours. Even then, there must be a compelling business interest and the employer must make a reasonable proposal.

Please note: the number of hours you work has a direct impact on the amount of any unemployment benefit you may receive. Working fewer hours usually means a lower wage, which also means that your unemployment benefit will be lower if you become unemployed later on. It is therefore wise to consult thoroughly with both your employer and the UWV in advance about the consequences of a change in your working hours. This will help you avoid surprises later on.

In short, changing the number of hours you work is not just a matter of making agreements with your employer, but can also have financial consequences for your future. Make sure you are well informed, submit your request in writing and in good time, and always discuss the consequences for your unemployment benefit before agreeing to a change. This will enable you to make an informed decision and avoid unpleasant surprises.

7. Consequences of changing contract hours

Changing contract hours has direct consequences for both the employee and the employer. Working fewer hours usually means a lower salary, which can also affect pension accrual, holiday entitlement and entitlement to unemployment benefits. Take this into account in advance.

For employers, it is important to check not only the salary but also other terms of employment and the collective labour agreement when making a change. Sometimes the entitlement to bonuses, leave or allowances also changes. Always set out clear agreements in writing so that both parties know where they stand.

In addition, changing hours can have consequences for staff planning and continuity. Employers must take into account the impact on the team, and employees must consider the consequences for their income and rights. Therefore, consult carefully and weigh up all the effects.

6. Common mistakes when changing contract hours

Mistake 1: Not checking for change clauses Many employees are unaware that their contract contains provisions regarding unilateral changes by the employer. Always check your contract first.

Mistake 2: Making verbal agreements All changes must be confirmed in writing by the employer. The employer must respond to requests in writing and new agreements must always be recorded in writing. Verbal agreements often lead to uncertainty.

Mistake 3: Submitting your request too late The law requires that your request be submitted at least two months before the desired start date. Last-minute requests may be rejected.

Tip: Keep a file of all correspondence regarding your change in working hours. This will help in the event of any disputes and demonstrates professionalism.

7. Practical example and case study

Case Study: Employee X was approved for a 32-hour working week

Initial situation:

Permanent employee (3 years), 40 hours per week
Request for 32 hours due to young children
Company with 50 employees, no change clause
Over the past three months, the employee has worked an average of 42 hours per week, which indicates structural overtime.

Steps:

Written request submitted 10 weeks in advance
Clear motivation given regarding care needs
Proposal to work four days instead of five
Consultation with manager about job content, including discussion of an alternative position
The number of hours actually worked prior to the change was taken into account in the assessment
The employer may reject the request if there are compelling interests, such as operational problems

The employee cooperated as a good employee in the consultation and the proposed change.

Final result:

Aspect	Before change	After change
Hours per week	40 hours	32 hours
Workdays	5 days	4 days
Salary	€3,500	€2,800
Vacation days	25 days	20 days

The employer agreed because it was a reasonable proposal and there were no compelling reasons to reject the request.

8. Frequently asked questions about changing hours in a permanent contract

Q1: Can my employer reduce my hours without my consent? A1: Only in exceptional cases with compelling reasons and if there is a change clause in your contract. The employer may only change your hours without your consent if a change is necessary, for example due to business circumstances, and must have a reasonable reason for doing so. If there is insufficient work, the employer must first seek other solutions.

Q2: How often can I request a change in hours per year? A2: The Flexible Working Act does not set a limit, but unreasonable requests may be refused. In practice, one request per year is customary, unless there are unforeseen circumstances. The outcome varies per situation, because each situation is unique and requires a tailor-made solution.

Q3: What if my employer does not respond within a month? A3: Then your request will be automatically accepted from the desired date. You can then start working your new hours.

Q4: Will working fewer hours affect my unemployment benefit? A4: Yes, your unemployment benefit is based on your average wage. Fewer hours means lower wages and therefore a lower benefit. Consult with the UWV about the consequences.

Q5: Can I work more hours again later? A5: Yes, you can always submit a new request. To do so, you can ask your employer again to work more hours. The employer does not have to automatically agree to this; the same procedure applies.

9. Conclusion: Key insights

Changing hours under a permanent contract requires good preparation and knowledge of your rights:

Timing is important: Submit your request at least 2 months in advance
Documentation is essential: keep a written record of all communication
Know your contract: Check the terms and conditions for changes and collective labour agreement rules
Be realistic: make a reasonable proposal that is also feasible for your employer
In case of refusal: Always ask for a specific reason; compelling business interests must be demonstrable
When in doubt: Consider mediation to reach a solution

Whether you are seeking flexibility as an employee or receiving a request as an employer, follow the correct procedure and keep the lines of communication open. This will help you avoid conflicts and ensure clear agreements that everyone can agree on.

Next step: Analyse your situation, prepare your request, or contact your trade union or employment lawyer for advice. If your request is refused, it is wise to seek legal advice from specialists such as the employment lawyers at Law & More.