Working Hours in Delft: Definition and Local Insights
Working hours under Dutch employment law comprise the periods during which an employee must be available to the employer to carry out work. The Working Hours Act (WHA) defines this as all mandatory working time, including preparations and cleanup, but excluding breaks and commuting. For Delft residents, often employed at TU Delft, Reinier de Graaf Hospital, or local tech firms, understanding this is key to calculating overtime, rest periods, maximum workweeks, and protecting rights.
Legal Definition of Working Hours
Article 1(1) of the Working Hours Act (WHA) states: "the time during which an employee must be at the disposal of their employer." This 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) and Minimum Wage and Minimum Holiday Allowance Act.
Exceptions in Delft:
- Rest periods: at least 11 consecutive hours per 24 hours (art. 5 WHA).
- Breaks: for shifts over 5.5 hours, at least 30 minutes (art. 4 WHA), not counted if you are free.
- Travel time: commuting to TU Delft generally does not count (art. 1(3) WHA).
What Counts as Working Hours in Practice?
Working hours depend on availability. Overview for Delft residents:
| Category | Counts as working hours? | Explanation for Delft |
|---|---|---|
| Task performance | Yes | Duties for employer, e.g., setting up labs at TU Delft. |
| Short breaks (<15 min) | Yes | Remain available, e.g., coffee break at hospital. |
| Long breaks | No | Free lunch, detached from duties. |
| On-call duty | Usually yes | Available at home, e.g., healthcare staff (ECLI:NL:HR:2018:123). |
| Commuting | No | From home to Delft workplace. |
| Working from home | Yes | Effective hours for remote roles. |
The Supreme Court rules objectively: no free time? Then working hours (e.g., ECLI:NL:HR:2013:BY9987).
Examples from Delft Workplaces
As a lab technician at TU Delft starting at 08:00: changing and setup count. Short coffee break yes, lunch no. Cleanup until 17:15? Working hours.
Example 2: Nurse on standby at Reinier de Graaf Hospital. Waiting at home counts (max. 12 hours/day), plus call-out and travel time.
Example 3: Remote developer for Delft startup. Logged in 09:00 to 17:00 with 2-hour break: 6 hours working time. Evening call? Extra, if mandatory.
This illustrates calculations, vital for time tracking in Delft companies.
Rights and Obligations Regarding Working Hours
Employee rights:
- Max. 12 hours/shift (art. 3 WHA).
- Max. 60 hours/week, average 48 hours/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.
- Provide information upon hiring.
Refusal in case of WHA violation allowed without wage suspension (art. 7:628 DCC).
Differences from Other Terms
Working hours ≠ shift time (incl. on-call) or actual work time.
More info: Maximum Working Hours per Shift, Rest Periods, Overtime.
FAQs for Delft
Does travel time between workplaces in Delft count?
Yes, between locations like TU Delft and city center (art. 1(3) WHA).
Waiting for patients/clients count as working hours?
Yes, if mandatory presence; case law confirms.
Register home working with Delft employer?
Yes, mandatory from 2024 per EU rules.
Employer ignores working hours? What now?
Report to works council/occupational health service or Netherlands Labour Authority. For damages: District Court of The Hague or free advice at Juridisch Loket Delft.
Tips for Delft Residents
Employees:
- Track your own hours (e.g., Toggl app).
- Request collective agreement at start, e.g., TU Delft CLA.
- In doubt: Juridisch Loket Delft or Municipality of Delft employment desk.
Employers: Comply with WHA for a healthy workplace in Delft.