An employee who has been with you for at least 26 weeks may ask to change their working hours, their working times or their place of work. Under the Flexible Working Act (Wet flexibel werken, Wfw), you must grant a request to change the number of hours or the working times unless serious business or service interests oppose it; a request to work elsewhere only has to be considered seriously.
The most important exception concerns small employers. If you employ fewer than ten people, article 2 of the Wfw does not apply to you, but you must have your own arrangement for changes in working hours.
What does the Flexible Working Act cover?
The Flexible Working Act gives employees a statutory right to request three types of change: the number of hours they work (arbeidsduur), the times at which they work (werktijd) and the place where they work (arbeidsplaats). It covers both fewer hours, such as a move to part-time work, and more hours.
Flexible working is a sought-after employment benefit. Many employees would like to work part of the week from home or to start and finish at different times, so they can combine work and private life more easily. The law sets out how such a request must be made and how you, as an employer, must deal with it. Below we explain your rights and obligations.
Which conditions must the employee’s request meet?
The employee must have been employed for at least 26 weeks and must apply in writing at least two months in advance. These conditions follow from article 2 of the Wfw and apply to employers with ten or more employees.
- On the desired effective date of the change, the employee has been employed for at least 26 weeks (article 2(1) Wfw).
- The employee submits a written request at least two months before that effective date (article 2(3) Wfw).
- The employee may submit a new request one year after you granted or rejected a previous request. In unforeseen circumstances this period may be shorter.
The request must at least state the desired effective date of the change. Depending on the type of request, it should also contain:
- the desired extent of the change in working hours per week, or over another period if the hours have been agreed over that period;
- the desired spread of the hours over the week or over the other agreed period;
- where relevant, the desired place of work.
What must you do after receiving a request?
You must consult with the employee and give your decision in writing no later than one month before the desired effective date. If you refuse the request or deviate from it, you must state your reasons in writing.
- Consult with the employee about the request (article 2(4) Wfw).
- Communicate your decision to the employee in writing (article 2(8) Wfw).
- Give written reasons for any refusal or any deviation from the employee’s wishes.
- Decide no later than one month before the desired effective date.
Respond on time. If you have not decided one month before the desired effective date, the hours, the working times or the place of work are adjusted in line with the employee’s request (article 2(12) Wfw). This applies even if you disagree with the request.
When can you refuse a change in hours or working times?
Only when serious business or service interests (zwaarwegende bedrijfs- of dienstbelangen) oppose it. The law gives examples of such interests for each type of request in article 2(9) to (11) Wfw.
For a reduction of hours, a serious interest exists in any case where the change would cause serious problems:
- for the business in filling the hours that become vacant;
- in terms of safety;
- of a scheduling nature.
For an increase of hours, a serious interest exists in any case where the change would cause serious problems:
- of a financial or organisational nature;
- because there is not enough work;
- because the established staffing levels or staff budget are insufficient for it.
For a change in working times, the law refers to serious problems relating to safety, scheduling, or of a financial or organisational nature. These lists are examples: other serious interests may also justify a refusal, but you must be able to substantiate them.
How are the hours spread over the week?
You set the spread of the hours in line with the employee’s wishes (article 2(7) Wfw). You may deviate from those wishes only if your interest as an employer is so weighty that the employee’s wishes must give way under standards of reasonableness and fairness. In practice, this means you must weigh the employee’s interest against your own.
When can you refuse a request to work elsewhere?
For the place of work, the threshold is lower. You do not have to show serious business or service interests: you must consider the request and, if you reject it, consult with the employee (article 2(6) Wfw).
You must still take the request seriously and investigate properly whether you can agree to it. If that is not possible, you must give your decision and the reasons for a refusal in writing, just as for the other types of request.
Can a collective agreement or the works council deviate from the Wfw?
Yes, but only partly. A collective labour agreement (cao) or an arrangement made by or on behalf of a competent public body may deviate from the Wfw for increases in hours and for changes in place of work or working times. A reduction of hours cannot be regulated differently in this way.
Always check whether a binding collective agreement applies to your organisation. It may contain rules on the right to work more hours, on working times or on adjusting the place of work. Where no collective agreement covers these subjects, you can make such arrangements in writing with the works council or the employee representative body.
What if you have fewer than ten employees?
Article 2 of the Wfw does not apply to an employer with fewer than ten employees. Instead, you must make an arrangement with your staff on their right to change their working hours. This gives you more room to agree on a solution together with the employee.
Check whether a binding collective agreement applies. If it does, its rules on these subjects apply to you and you must follow them.
More freedom does not mean you can ignore the employee’s interests. A small employer must also act as a good employer and treat a request with care. In addition, article 7:648 of the Dutch Civil Code (Burgerlijk Wetboek, BW) applies, which goes back to the Act prohibiting distinction based on working hours (Wet verbod van onderscheid naar arbeidsduur, WOA).
Under article 7:648 BW, you may not make a distinction between employees on the basis of a difference in working hours, full-time or part-time, in the conditions under which an employment contract is entered into, continued or terminated, unless the distinction is objectively justified. In short: a part-time employee may not be treated less favourably than a full-time colleague doing comparable work merely because they work fewer hours.
Can you dismiss an employee or reverse your decision later?
You cannot end the employment because the employee asked for a change in hours, place of work or working times, whether in or out of court (article 3 Wfw). A request for part-time work is therefore never a valid ground for dismissal.
The law does allow you to revise a decision or an implemented change later, if a new interest arises that is so weighty that the employee’s interests must give way. Before you do so, you must consult with the employee (article 2(13) and (14) Wfw). The employee, in turn, may ask to return to the original arrangement before the end of an agreed period if a change in circumstances justifies it.
What does a change in hours mean for pay and contributions?
A change in working hours affects more than the schedule. Salary, holiday allowance and other pay-related entitlements usually change in proportion to the new hours. The change can also affect the amounts of wage tax, national insurance and employee insurance contributions, and pension accrual. Explain these consequences to the employee in good time, so they can make an informed choice.
How do you handle a request carefully in practice?
Treat every request as a serious proposal and record your reasoning. A modern employer recognises that staff want to organise their working lives flexibly, and the legislator intended the Wfw as a tool to arrange hours, working times and place of work by mutual agreement.
The law usually leaves enough room to refuse a request that cannot be realised in practice, but that refusal must be well substantiated. If a dispute reaches the court, you will have to show concretely which business or service interests stand in the way. So list your arguments carefully beforehand and do not assume that a judge will simply accept them.
Check whether there are options within the organisation to meet the employee’s wishes, for example a different spread of hours or a trial period. If you have to reject the request, explain your reasons clearly. This is not only required by law: an employee who understands the reasons is more likely to accept the decision. For a broader overview of Dutch rules on contracts, working conditions and dismissal, see our page on employment law.
An illustrative example. A shop with fifteen staff receives a written request from a sales assistant, employed for two years, to go from five to four days a week, starting in three months. The employer consults with her, checks the schedule and finds that the free day can be covered by a colleague who wants more hours. The employer confirms the change in writing six weeks before the start date. Had there been no way to cover the day without serious scheduling problems, the employer could have refused, with written reasons.
In summary
- An employee with at least 26 weeks of service may request a change in hours, working times or place of work, in writing and at least two months in advance.
- You must grant a change in hours or working times unless serious business or service interests oppose it; for the place of work, you only need to consider the request carefully.
- Decide in writing at least one month before the effective date; otherwise the request is deemed granted.
- Employers with fewer than ten employees fall outside article 2 Wfw, but must make their own arrangement for changes in working hours.
- Part-time employees may not be treated less favourably because of their working hours (article 7:648 BW).
Frequently asked questions
Can an employee ask for fewer hours every year?
Yes. After you have granted or rejected a request, the employee may submit a new request one year later. In unforeseen circumstances, a new request may be made sooner.
What happens if I do not respond to the request?
If you have not decided one month before the desired effective date, the hours, working times or place of work are adjusted in line with the request (article 2(12) Wfw).
Does the Wfw apply to a business with eight employees?
No, article 2 of the Wfw does not apply to employers with fewer than ten employees. You must, however, make an arrangement with your staff on changes in working hours, and a binding collective agreement may contain its own rules.
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