Working Time: Definition and Explanation for Tilburg Employees
Working time under Dutch employment law is the period during which you, as an employee in Tilburg, must be available to your employer to perform work. The Working Hours Act (WHA) includes all mandatory working time, such as preparations and cleanup, but excludes breaks and commuting. For Tilburg jobs in logistics, retail, or healthcare, this is essential for calculating overtime, rest periods, and maximum workweeks. Knowing these rules helps you better protect your rights through the Tilburg Legal Aid Office.
Legal Basis for Working Time in the Region
Article 1, paragraph 1 of the Working Hours Act (WHA) defines working time as: "the time during which an employee must be available to his employer." This applies from the moment you are required to be present at your workplace in Tilburg until that obligation ends.
The WHA protects health and safety, based on EU Directive 2003/88/EC. Related laws include the Working Conditions Act and the Minimum Wage and Minimum Holiday Allowance Act, which link pay and holidays to working time.
Exclusions specific to Tilburg employees:
- Rest periods: at least 11 consecutive hours per 24 hours (art. 5 WHA).
- Breaks: for shifts longer than 5.5 hours, at least 30 minutes (art. 4 WHA), not counted if you are free.
- Travel time: commuting to Tilburg usually does not count, except for fixed workplaces elsewhere (art. 1 para. 3 WHA).
What Counts as Working Time in Tilburg?
Not all time at your workplace in the municipality of Tilburg is working time; it depends on availability. Overview:
| Category | Counts? | Explanation for Tilburg |
|---|---|---|
| Work activities | Yes | Tasks for employer, incl. starting up PC or standby coffee break in a Tilburg warehouse. |
| Short breaks (<15 min) | Yes | Remaining available, e.g., in a shop on Heuvelstraat. |
| Long breaks (>15 min) | No | Free lunch, without duties. |
| On-call duty | Usually yes | Waiting at home for call-out, such as healthcare staff (ECLI:NL:HR:2018:123). |
| Work-home travel time | No | Except between Tilburg sites. |
| Working from home | Yes | Effective working time from home in Tilburg. |
The Supreme Court rules objectively: can you freely dispose of your time? No? Then it is working time (e.g., Van der Lely c.s./State Secretary SZW, ECLI:NL:HR:2013:BY9987).
Practical Examples for Tilburg
As a logistics employee in a Tilburg distribution center, you start at 08:00. Changing clothes and startup count from then. 10-minute coffee break: working time. 30-minute lunch: no. Cleanup until 17:15? That counts.
Example 2: Nurse at ETZ Tilburg on standby. Waiting at home for call-out is working time (max. 12 hours/day), including travel time on call-out.
Example 3: Remote worker in the municipality of Tilburg. Log-in 09:00 to 17:00 with 2-hour break: 6 hours working time. Evening meetings: extra, unless voluntary.
These cases illustrate calculations, often an issue in time registration at Tilburg companies.
Rights and Obligations Regarding Working Time
Employee rights:
- Max. 12 hours per shift (art. 3 WHA).
- Max. 60 hours/week, average 48 hours over 16 weeks (art. 2 WHA).
- Access to hours registration (CBA or Working Conditions Act).
Employer obligations:
- Registration of working time (EU Directive 2022, NL from 2024).
- No exceedance without CBA.
- Information upon commencement of employment.
Employees must follow instructions but may refuse in case of WHA violation (no wage suspension, art. 7:628 Civil Code).
Difference from Other Concepts
Working time ≠ service time (incl. on-call) or actual working time.
More info: Maximum working time per shift. See also: Rest periods and Overtime.
Frequently Asked Questions for Tilburg
Does travel time between workplaces count as working time?
Yes, between Tilburg sites (art. 1 para. 3 WHA), not commuting.
Is waiting for customers working time?
Yes, if required on-call. Case law confirms.
Must working from home be registered?
Yes, mandatory from 2024 under EU rules.
What if employer ignores working time?
Contact Tilburg Legal Aid Office, works council/OHS service, or Netherlands Labour Authority. For damages: cantonal division of the District Court of Zeeland-West-Brabant in Breda.
Tips for Tilburg Employees
Recommendations:
- Track your own hours (app like Toggl).
- Request CBA at start from Municipality of Tilburg or employer.
- If in doubt: consult Tilburg Legal Aid Office or check employment law Tilburg.