Working Time Act

Original Language Title: Arbeidstijdenwet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

Law of 23 November 1995, laying down provisions on working hours and rest periods

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken account of the fact that, with a view to the safety, health and welfare of work, we have taken into account the implementation of the Council Directives of 23 November 1993. on a number of aspects of the organisation of working time ( PbEG 1993, L 307) and of 22 June 1994 on the protection of young people at work ( PbEG 1994, L 216), and also to promote the combinability of work and care tasks, as well as other non-employment responsibilities, is necessary to regulate working and rest periods;

That is what we, the Council of State heard, and with the mean consultations of the States-General have been well-liked and understood to be right and to be understood by this:

Chapter 1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Employer and employee concepts

Compare Versions Save

Article 1: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. Employer:

      • 1. the person to whom another person is required to work under contract or governed by public law for employment, except where that person is made available to a third party for the purpose of employment, which is the third party to which the person is employed. normally perform;

      • 2 °. the person to whom another person is made available for the purpose of employment, within the meaning of 1 °;

    • b. employee: the other under A .

  • 2 The following provisions shall be included in this Act and the following provisions:

    • a. Employer: the person who, for the purposes of being a member of the first member without an employer or an employee, does another under his authority;

    • b. employee: the other under A .

  • 3 This law and the provisions based thereon mean a young worker: an employee of 16 or 17 years.


Concepts of child and labour in relation to child labour

Compare Versions Save

Article 1: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This law and the provisions based thereon mean child: a person less than 16 years of age.

  • 2 This law and the provisions based thereon shall mean labour: the operations of a child in order to comply with an agreement.


The concept of collective control

Compare Versions Save

Article 1: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The following provisions are defined in this law and the provisions based thereon:

    • a. A collective agreement as referred to in Article 1 of the Collective Labour Agreement Act ;

    • (b) a system of legal status for workers employed by the public authorities and a corresponding status of workers employed in institutions of special education or scientific research.


Equality with collective control

Compare Versions Save

Article 1: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purposes of this Act and the provisions based thereon, a collective arrangement shall be used as intended: Article 1: 3 It shall be treated in the same way as an arrangement on which the employer has reached a written agreement with the institution of participation.

  • 2 If both a scheme and referred to in the first paragraph, as a collective arrangement as referred to in Article 1: 3 the provisions laid down in those arrangements shall apply in parallel to each other. In case of conflict, the provisions in the collective arrangement, referred to in Article 1: 3 , applicable.


Duration of operation of the collective scheme

Compare Versions Save

Article 1: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purposes of applying this Law and the provisions based thereon, a collective arrangement shall apply as defined in the Articles 1:3, 1st paragraph , and 1:4, 1st member , for 5 years, to be counted from the date of entry into force of the scheme. If, within five years from the date of its entry into force, the collective arrangements referred to in the first sentence are amended, the period referred to in the first sentence of the first sentence shall be terminated at the time of the entry into force of the amended collective arrangements.

  • 2 The first paragraph, first sentence, shall apply mutatis mutandis to the collective arrangements as referred to in Article 3 (1) of the Treaty. Article 1:3, 2nd paragraph , except that:

    • (a) at the entry into force of a corresponding new collective arrangement within five years from the date of entry into force of the collective agreement referred to in the introductory sentence, the period referred to in the first sentence of the first paragraph shall be terminated;

    • b. this arrangement ends at any time at the time, that there is no corresponding collective settlement as intended Article 1:3, first paragraph , under paragraph 1, first sentence.


The concept of participation body

Compare Versions Save

Article 1: 6

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Act and the provisions based thereon, a participation body shall mean:


Other concepts

Compare Versions Save

Article 1: 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. Our Minister: Our Minister of Social Affairs and Employment;

    • b. Defence personnel:

    • (c) service means a continuous period of work, situated between two consecutive uninterrupted rest periods of at least 8 hours;

    • d. 'night shift' means a service in which more than one hour of work is performed between 00.00 and 06.00;

    • e. break: a period of not less than 15 consecutive minutes, which shall interrupt the work during the service and do not have any obligation on the employee as to the contractual work;

    • f. Road Traffic Service: the service, intended in Article 4a of the Road Traffic Act 1994 ;

    • g. consignations: a period between two consecutive shifts or during a break, in which the employee is only required to be reachable in order to perform the negotiated employment as soon as possible in the event of unforeseen circumstances;

    • h. Supervisor: the supervisor, referred to in the General administrative law , and designated as such on the basis of Article 8:1, 1st or 2nd Member ;

    • Regulation (EC) No 561/2006: Regulation (EC) No 316/2006 Decision No 561/2006 of the European Parliament and of the Council of the European Union of 15 March 2006 on the harmonisation of certain social legislation relating to road transport, amending Regulations (EEC) No 313/2006 (OJ L 13, 15.3.2006, p. 1). 3821/85 and (EC) No 3821/85 Proposal for a Council Regulation (EEC) No 2135/98 and repealing Regulation (EEC) No 2052/98. Council Regulation (EEC) No 3820/85 (PbEU L 102);

    • j. AETR Convention: the European Agreement on the Conditions of Employment of Crews of Motor Vehicles in International Road Transport (Trb, adopted in Geneva on 1 July 1970). 1994, 123);

    • k. Working time: the time when the employee, under the authority of the employer, performs work;

    • l. Rest time: the time which is not working time.

  • 2 An amendment to the AETR Convention applies to the application of this Act and the provisions based thereon shall apply from the date on which the amendment in question must be implemented, except where a ministerial order, which is in the course of the period of application of the Act of Accession of the European Union, is to be Official Journal of the European Union shall be published; a different date shall be fixed.

Chapter 2. Scope

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 2.1. Exclusion of all or part of the applicability

Compare Versions Save Relationships (...) (External Link) Permanent Link

General

Compare Versions Save

Article 2: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of a general measure of administration, it may be determined that the law and the provisions adopted thereon shall not apply, in whole or in part, to the labour or labour defined in that measure, which is defined in such circumstances.

  • 2 All or part of the application of this law and the provisions based thereon, determined by the measure referred to in paragraph 1, may be subject to conditions.


Disasters

Compare Versions Save

Article 2: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 The first paragraph shall apply only in so far as the application of this law and the provisions based thereon hinges on the proper exercise of the work referred to in that paragraph.


Education

Compare Versions Save

Article 2: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law and its provisions shall not apply to the operations of pupils or students in educational establishments or parts thereof, including open spaces.


Defence

Compare Versions Save

Article 2: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purposes of this Article, 'exercise' means any skills taught by defence personnel in the practice of teaching skills so as to enable the ability to carry out operational tasks assigned to the armed forces. acquire, increase or maintain.

  • 2 This law and the provisions based thereon shall apply to work carried out by defence personnel, unless such employment is performed:

    • a. at the time of exceptional circumstances, as well as in the cases mentioned in Article 71 of the Code of Military Criminal Law ;

    • b. To carry out, for the purpose of carrying out statutory or statutory provisions, tasks in so far as the application of that law and the provisions based thereon hinges on a sound exercise of tasks;

    • c. in other cases to be determined by our Minister of Defence, in which parts of the armed forces are deployed;

    • d. on matters directly related to the circumstances referred to in parts a, b and c.

  • 3 This law and the provisions based thereon are, with the exception of: Section 4.3 , not applicable to work carried out by defence personnel:

    • a. During boating, flying and exercises;

    • b. on matters directly related to the boating, flying and holding of exercises.


Monitoring and (special) investigation services

Compare Versions Save

Article 2: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law and the provisions based thereon shall apply to work carried out by personnel in civil service, unless the application of that law and the provisions based thereon properly carry out the law and the following provisions. obligations based on those provisions, or the maintenance of the rule of law and the detection of criminal offences by such staff.


Fire brigade

Compare Versions Save

Article 2: 6 [ Exchanges by 01-04-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 2.2. Extension of applicability

Compare Versions Save Relationships (...) (External Link) Permanent Link

Selfemployed persons

Compare Versions Save

Article 2: 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of a general measure of administration, the employment or labour defined in that measure and the provisions based thereon may be determined in accordance with the conditions laid down in that measure, by that law and by the provisions based thereon. partly must be complied with by a person who, without being an employer or an employee within the meaning of this Act, carries out such work, where necessary to prevent serious danger to the safety or health of workers; other persons.


Extra-territorial operation

Compare Versions Save

Article 2: 8

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law and the provisions based thereon shall also apply:

  • a. On work done on or from a mining plant on the continental shelf as intended in the Mining Act ;

  • b. on work carried out wholly or partly outside the Netherlands by persons employed on board seagoing vessels entitled to fly the Dutch flag on the basis of rules of law in the Netherlands;

  • c. in diving operations for mining installations on the continental shelf, intended for the purpose of Mining Act , carried out on or from a seagoing vessel;

  • d. on employment, which is carried out for an employer established in the Netherlands, wholly or partly outside the Netherlands, by persons,

    • 1 °. on board aircraft;

    • 2 °. in or on motor vehicles;

    • 3 °. in or on railway vehicles;

  • e. work carried out within the exclusive economic zone, except for the labour referred to in points (a) and (c).


§ 2.3. Special requirements for flying, flying and driving personnel

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 2: 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This law and the provisions based thereon do not apply to work carried out on board a vessel, which is not entitled to fly the Dutch flag under Dutch law and which is in the exclusive right of the Netherlands to do so. economic zone, in the territorial sea, on one of the Article 10, first paragraph, of the Maritime Traffic Act Meant ships ' ships, on the Westerschelde, her monthings or on the Canal from Ghent to Terneuzen, or in the port of Scheveningen, by persons belonging to the crew of that seagoing ship.

  • 2 By way of derogation from paragraph 1, this law shall apply to port tugs and to diving operations for mining installations, carried out on or from seagoing vessels.

  • 3 This law and the provisions based thereon do not apply to employment, which is carried out by an employer established outside the Netherlands, by persons employed on board an aircraft in the Netherlands ' airspace or in the Netherlands. Dutch territoir is located.

Chapter 3. The prohibition of child labour

Compare Versions Save Relationships (...) (External Link) Permanent Link

Concept of responsible person

Compare Versions Save

Article 3: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Chapter and the provisions based thereon, responsible person shall mean:

  • a. The employer;

  • (b) any person exercising parental authority or custody of a child, or in whose household a child is included.


The prohibition of child labour

Compare Versions Save

Article 3: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The person responsible ensures that a child does not perform any work.

  • 2 The first paragraph shall not apply to the performance of

    • a. Work in the context of an alternative sanction by a child of 12 years of age or older, in so far as such employment is not performed during the school period;

    • b. Non-industrial work of a light nature by a child of 13 years of age or older:

    • c. Work of a light nature by a child of 14 years of age or older in so far as this work is carried out in addition to and in conjunction with education;

    • d. Work consisting of the delivery of morning newspapers by a child of 15 years, to the extent that such work is not performed during the school period.

  • 3 The rules of our Minister shall lay down detailed rules relating to the second paragraph.

  • 4 The person responsible shall comply with the detailed rules referred to in the third paragraph.


Waiver

Compare Versions Save

Article 3: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The supervisor, referred to in Article 8:1, 1st paragraph , may grant waiver from Article 3:2, first paragraph , with regard to the provision of work by a child, consisting of the provision of cooperation to performances of cultural, scientific, educational or artistic character, to fashion shows, to audio, visual or audio-visual recordings; and of which non-industrial work is of a minor nature. An application for exemption is made by the employer.

  • 2 The employer shall comply with the rules relating to the exemption.


Information

Compare Versions Save

Article 3: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link

The employer shall ensure that any person exercising parental authority or custody of a child, or in whose household a child is a child, is informed of the nature of the work and its potential risks and about the nature of the work. the measures designed to prevent or mitigate such hazards.


Detailed rules

Compare Versions Save

Article 3: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 At the time of Article 3:2, 2nd paragraph The person responsible shall at all times assume that the person in question is in a position to ensure that the person concerned does not endanger the safety of the child in that person, nor does it work which might adversely affect the physical or physical environment of the child. mental development of that child.

  • 2 For the purpose of the detailed rules, Article 3:2, third paragraph , and the granting of a derogation as referred to in Article 3:3, 1st paragraph It shall be observed at all times that, in the case of the work authorised therein, the safety of the child is not endangered, nor does any work be carried out which may adversely affect the physical or mental development of that child.

  • 3 When laying down the detailed rules, Article 3:2, third paragraph , and the granting of a derogation as referred to in Article 3:3, 1st paragraph It shall be observed at all times that a child has a continuous rest period of at least 12 hours in each continuous period of 24 hours, including the period between 23.00 and 06.00.

Chapter 4. General obligations

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 4.1. General

Compare Versions Save Relationships (...) (External Link) Permanent Link

Policy-making, monitoring and evaluation

Compare Versions Save

Article 4: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer shall carry out the best possible policy on workers ' working and rest periods and shall take into account the personal circumstances of those workers, in so far as they may reasonably be required to do so. The policy on working hours and rest periods is conducted in conjunction with the working conditions of work, which is intended to be implemented in the Labor condition law .

  • The working and resting time patterns resulting from the policy referred to in the first paragraph shall be documented by the employer in writing. The employer shall keep the working and resting time patterns laid down in this way in such a way that each worker has the possibility to acquaits it if he so wishes.

  • 3 The employer shall assess the working and resting time patterns gained in the experience gained and how these experiences relate to new developments in the organisation of working and rest periods. Where appropriate, adjustment of the policies referred to in paragraph 1 and the patterns of work and resting time based thereon shall be carried out.

  • 5 The supervisor may, if the obligations laid down in this Article are not or insufficiently fulfilled or incorrectly, impose a requirement for compliance. This requirement for compliance shall include the period within which it is to be met.

  • 6 The employer complies with the requirement for compliance.


Identification of the working and resting time pattern

Compare Versions Save

Article 4:1a

Compare Versions Save Relationships (...) (External Link) Permanent Link

The employer shall, in so far as it can reasonably be required of him, take into account the personal circumstances of the worker, including in any case the personal circumstances of the worker, in determining the employee's working time pattern. (tasks) for children, (dependent) relatives, relatives and natives, as well as social responsibilities borne by the employee.


Article 4:1b. Temporary adjustment working time pattern after parental leave

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employee may request the employer to adjust his working time pattern, for the period of one year or another period agreed between them, after the end of the period in which the full worker is in force. parental leave provided for in Chapter 6 of the Law of Work and Care It's included.

  • 2 The request shall be made in writing at least three months before the end of the period of parental leave.

  • 3 The employer shall decide on the application no later than four weeks before the end of the parental leave.

  • The provisions of the second and third paragraphs may be derogated from by collective agreement. Any provisions which derogate from the second or third paragraphs of the second or third paragraphs shall be void in any manner other than those specified in the first sentence.


Communication on the working and resting time pattern

Compare Versions Save

Article 4: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer who establishes or re-establishes a working and resting time pattern for the workers employed by him shall communicate this to the employees as early as possible. As far as the timeliness is concerned, this applies to collective rules, or where no collective rule is applicable or does not contain a provision in this respect, with the agreement of the person concerned. Employee is determined.

  • 2 Where there is no provision on timeliness, as referred to in the second sentence of the first paragraph, the employer shall inform the worker of the working and resting time pattern at least 28 days in advance.

  • 3 If, due to the nature of the work, application of the second paragraph is not possible, the employer shall inform the worker of at least 28 days in advance, on which day the rest period of the period of rest, as provided for in the Annex, is to be taken. Articles 5: 5 and 5: 6 It starts. He shall also disclose to that worker at least 4 days in advance of the dates of time for which he is required to work.


Registration

Compare Versions Save

Article 4: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An employer and a person as referred to in Article 2:7, first paragraph , shall provide a proper record of the working hours and rest periods which shall permit the monitoring of compliance with this Act and the provisions based thereon.

  • 2 In the case of, or under general management, rules may be laid down which indicate the manner in which the obligation laid down in the first paragraph is fulfilled. These rules can be made different for different sectors.

  • 3 In the case of, or under general management, rules may be laid down concerning the employee and the person referred to in the Article 2:7, first paragraph , to ensure that a proper registration is carried out, and to use the means of a proper registration as well as the application of that plea.

  • 4 In the case of, or under general management, rules may be laid down concerning the retention of the particulars and documents relating to the obligation to registration laid down in this Article.

  • 5 If the general measure of management, referred to in the second to fourth paragraph, relates to the Article 5:12, second paragraph , distinguished categories of labor, the nomination of that general measure of directors is made to Us by Our Minister of Infrastructure and Environment and Our Minister together.


§ 4.2. Young workers

Compare Versions Save Relationships (...) (External Link) Permanent Link

Employment related to education

Compare Versions Save

Article 4: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The work of a young worker shall be set up in such a way that he is able to undergo education in accordance with the legislation applicable to him.

  • 2 For the purposes of applying Chapter 5 and the provisions based on it apply the time when a young worker is pursuing or pursuing education, including interruptions, as working time.

  • 3 Any provisions derogating from this Article to the detriment of the young person concerned shall be void.


§ 4.3. Female employees

Compare Versions Save Relationships (...) (External Link) Permanent Link

Labour and pregnancy

Compare Versions Save

Article 4: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The work of a pregnant worker shall be arranged in such a way as to take account of its specific circumstances. Subject to the provisions of the second to fifth paragraphs, the employer shall comply with the obligation arising out of the first sentence of the first sentence within a reasonable period of time after a request to that effect has been made by the pregnant worker. The request shall be accompanied by a written certificate from a medical or a midwife certifying that the worker concerned is pregnant.

  • 2 The pregnant worker has the right to exchange labour with one or more breaks outside that intended in Article 5: 4 or the current or Article 5:12 prescribed breaks. These additional breaks, together with a maximum of one-eighth of the working time applicable to it, amount to a maximum of one-eighth of the working time per shift. The breaks provided for in the preceding sentence shall apply to the application of this Law and the provisions which are based thereon as working time.

  • 3 The pregnant worker has the right to perform work in a stable and regular working and resting time pattern.

  • 4 The pregnant worker aged 18 years or older may not be required to perform more work than:

    • a. 10 hours per shift;

    • b. An average of 50 hours per week in any period of 4 consecutive weeks; and

    • c. An average of 45 hours per week in each period of 16 consecutive weeks.

  • 5 The pregnant worker may not be required to perform work on the night shift, unless the employer makes sure that it cannot reasonably be required of him.

  • 6 The employer shall give the pregnant worker the opportunity to undergo the necessary examinations of pregnancy. It shall retain its entitlement to the remuneration established for time-keeping if it has been prevented from carrying out her work by the said pregnancy test.

  • 7 Any provisions derogating from the first to sixth paragraphs to the detriment of the pregnant worker shall be null and void.


Childbirth

Compare Versions Save

Article 4: 6

Compare Versions Save Relationships (...) (External Link) Permanent Link

The employer organises the work in such a way that a female worker:

  • a. No work performed within 28 days before the probable date of confinement as indicated in a written certificate from a doctor or a midwife, submitted by the female worker to the employer, from which the probable date of confinement was made available to the employer. Date of confinement appears. The period referred to in the first sentence of the first sentence shall be extended by the period between the probable date of confinement and the actual date of confinement;

  • b. No work performed within 42 days of delivery of the labour.


Labour after delivery

Compare Versions Save

Article 4: 7

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4:5, with the exception of the sixth paragraph , shall apply mutatis mutandis to a female worker for a period of six months after giving birth.


Food law

Compare Versions Save

Article 4: 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A female worker, who is feeding a breast child, has, if she has informed the employer, the right to interrupt the work during the first nine months of that child's life in order to have the necessary rest and seclusion her child Breast-feeding or breast-feeding. The employer shall provide it with the opportunity to do so and, where appropriate, shall make available an appropriate area of closure.

  • 2 The interruptions referred to in paragraph 1 shall be carried out as often and as long as is necessary, but shall amount to a total of one quarter of the working time per shift. The time and duration of the interruptions shall be determined by the female worker concerned after consultation with the employer.

  • 3 The duration of the interruptions provided for in this Article shall apply to the application of this Law and the provisions based thereon as working time, on which the female worker retains her entitlement to the salary fixed by the time-time.

  • 4 Any clause derogating from this Article to the detriment of the female worker shall be null and void.


§ 4.4. Health problems in relation to the provision of night services

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 4: 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Where occupational health research shows that the health problems of an employee result from the provision of night services, the work of that worker shall, within a reasonable period of time, be arranged in such a way as to make it work. other than in the night shift. Any clause to derogate from this paragraph shall be void.

  • 2 The employer shall comply with the obligation under the first member of the first paragraph, unless he makes it reasonable that the establishment of the employment referred to in that paragraph cannot reasonably be required from him.

Chapter 5. Working hours and rest periods

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 5.1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Sunday equalization

Compare Versions Save

Article 5: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This chapter and the provisions based thereon shall be taken into account as regards Sunday for workers who, in relation to their religious or philosophical views, celebrate the weekly rest day on a day other than Sunday, corresponding to the following day: application for that day instead of the Sunday, if those employees have addressed the employer with a written request for that purpose.

  • 2 Any clause derogating from the first paragraph shall be void.


Equality with working time

Compare Versions Save

Article 5: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 For the purposes of this Chapter and the provisions rested thereon, for the purposes of determining the number of hours of work performed, the hours on which the employee would have performed the contract work, but by the exercise of his or her duties, shall be counted as of his job under the participation body, sickness, holiday, the fulfilment of an obligation imposed by law or government, which could not take place in its free time, or due to unforeseen circumstances or very special circumstances personal circumstances, as referred to in Article 4:1, 1st paragraph, of the Law of Work and Care -No, it didn't.

  • 2 Any clause derogating from the first paragraph shall be void.


§ 5.2. Working hours and rest periods

Compare Versions Save Relationships (...) (External Link) Permanent Link

Daily uninterrupted rest period

Compare Versions Save

Article 5: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer shall organise the work so that the young worker has an uninterrupted rest period of at least 12 hours in each continuous period of 24 hours, including hours between 23.00 and 0600 hours.

  • The employer shall organise the work in such a way that the worker of 18 years of age or older has a continuous rest period of at least 11 hours in each continuous period of 24 hours, the rest period of each continuous period of 7 times 24 hours in each continuous period of 7 times may be shortened to at least 8 hours, if the nature of the work or operating conditions bring this to the present.

  • 3 The period referred to in the first or second member shall begin at the first time of the day on which the employee carries out work.


Paul scheme

Compare Versions Save

Article 5: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer organises the work of a young worker so that, if he carries out his work more than 4.5 hours per shift, his work during the service shall be interrupted by a break. The break shall be at least 30 minutes, which may be split if necessary in breaks of at least 15 minutes each.

  • 2 The employer shall organise the work of an employee of 18 years of age or above, which if:

    • a. More than 5.5 hours of work by service shall be interrupted by a break of at least 30 minutes, which may be split into breaks of at least 15 minutes each;

    • b. carries out more than 10 hours of labor by service, his labor is interrupted by a break of at least 45 minutes, which can be split into pauses of each for at least 15 minutes.

  • 3 A derogation from the second paragraph may be made by collective agreement. In so doing, it shall be observed that the employer organises labour so that if the worker carries out his work more than 5,5 hours of work, his work is interrupted by a break of at least 15 minutes. A derogation from the second paragraph shall be null and void by each of the conditions set out in this paragraph.


Weekly uninterrupted rest period

Compare Versions Save

Article 5: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer shall organise the work in such a way that the young worker has an uninterrupted rest period of at least 36 hours in each continuous period of 7 times 24 hours.

  • 2 The employer shall organise the work in such a way that the worker of 18 years of age or older has an uninterrupted rest period of at least:

    • a. 36 hours in each continuous period of 7 times 24 hours; or

    • b. 72 hours in each continuous period of 14 times 24 hours, which may be broken down into continuous rest periods of at least 32 hours each.

  • 3 The period referred to in the first or second member shall begin at the first time of the day on which the employee carries out work.


Sunday Labor

Compare Versions Save

Article 5: 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer shall organise the work in such a way that the worker does not work on Sundays, except in so far as that arises from the nature of the work and the contrary is stipulated.

  • 2 If the operating conditions make this necessary, a derogation may be made from paragraph 1, where the employer has reached agreement with the participation body or, failing that, with the workers concerned. The worker shall, in the circumstances referred to in the previous sentence, only work on Sundays, if he agrees to do so in that case.

  • 3 The employer shall organise the work in such a way that the employee does not work on at least 13 Sundays in any period of 52 consecutive weeks.

  • 4 A derogation from the third paragraph may be waived by means of collective rules, taking into account:

    • a. The first paragraph; or

    • b. The second member.

    Where the introductory wording and part (a) of the previous sentence are applied, the worker shall only work for 40 or more Sundays in any period of 52 consecutive weeks if he agrees to that effect. A derogation from the third paragraph shall be null and void by means of a derogation from the third paragraph of this paragraph.


Working Time

Compare Versions Save

Article 5: 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer shall organise the work in such a way as to provide the young worker with no more than one job during:

    • a. 9 hours per shift;

    • b. 45 hours per week; and

    • c. An average of 40 hours per week in each period of 4 consecutive weeks.

  • 2 The employer shall organise the work in such a way as to give the worker of 18 years of age or older at highest employment for:

    • a. 12 hours per shift;

    • b. 60 hours per week; and

    • c. 48 hours per week, on average, in each period of 16 consecutive weeks.

  • 3 The employer shall organise the work so that the worker of 18 years of age or older does not work for an average of 55 hours per week in any period of 4 contiguous weeks.

  • 4 The collective agreement may, subject to the second paragraph, derogate from the third paragraph. Any clause, which shall derogate from the third paragraph in a manner other than that specified in the preceding sentence, shall be null and void.


Work on night shift

Compare Versions Save

Article 5: 8

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By way of derogation from Article 5:7, second paragraph, part a The employer shall, subject to paragraph 3, organise the work of the employer in such a way as to provide an employee with no maximum work for 10 hours per night shift.

  • 2 In any period of 16 consecutive weeks in which an employee carries out 16 or more hours of work on a night shift, the employer shall, by way of derogation from Article 5:7, second paragraph, part c , the work is performed at a maximum average of 40 hours per week of work during that period of 16 consecutive weeks.

  • 3 By way of derogation from the first or fourth paragraph, the employer may, at a maximum of five times in each continuous period of 14 times 24 hours, and not more than 22 times in any contiguous 52-week period, organise the work in such a way as to enable an employee to:

    • a. At highest work done for 12 hours in a night shift; and

    • b. At the end of that night shift, an uninterrupted rest period shall be at least 12 hours.

  • 4 If work is carried out on a night shift in which that service ends after 2 00 hours, the employer shall organise such work in such a way that, subject to the third paragraph, the worker has an uninterrupted rest period of at least 14 hours, whichever is the later. The period of rest period rest periods of 7 times 24 hours may be reduced to at least 8 hours if the nature of the work or the operating conditions are to be reduced to a minimum of eight hours.

  • 5 The employer shall organise the work in such a way that, after performing a series of three or more consecutive night shifts, an employee has an uninterrupted rest period of at least 46 hours.

  • 6 If, in a series of successive services, one or more of these services is on night duty, the employer shall organise such work in such a way that an employee carries out work for a period of not more than seven consecutive shifts. In the case of a collective arrangement, it may, subject to the seventh paragraph, derogate from the previous sentence. A derogation from this paragraph shall be null and void in any way other than the previous sentence.

  • 7 The employer shall organise the work in such a way that a worker carries out work for a maximum of eight consecutive employment services where one or more of these services is on night work and the nature of the work or operating conditions of employment does so.

  • 8 The employer shall organise the work in such a way that, in any period of 16 consecutive weeks, an employee carries out a period of no more than 36 hours of work in a night shift which ends after 2 a.m. In the case of a collective arrangement, a derogation from the previous sentence may be made, subject to the provisions of the ninth paragraph, if the nature of the work or operating conditions of the procedure is to be taken. A derogation from this paragraph shall be null and void in any way other than the previous sentence.

  • 9 The employer shall organise the work in such a manner as to enable an employee to be in any of the following:

    • a. 52 consecutive weeks not exceeding 140 hours of work performed in a night shift ending after 2 a.m.; or

    • b. 2 continuous weeks not exceeding 38 hours of work performed between 00.00 and 06.00 hours.


Consignment

Compare Versions Save

Article 5: 9

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer organises the work in such a way that consign is imposed only on an employee of 18 years of age or older.

  • 2 The employer shall organise the work in such a way that the worker, in any continuous period of 28 times 24 hours, has at least:

    • a. 14 times a period of 24 continuous hours is not consignated; and

    • b. 2 times a continuous period of 48 hours no work is not performed or consignations are imposed.

  • 3 The employer shall organise the work in such a manner that the worker is not subject to a consignment during:

    • a. 11 consecutive hours for each night shift; and

    • b. 14 consecutive hours after each night shift.

  • 4 In addition to Article 5:7, second paragraph, part a The employer shall organise the work in such a way that the worker has been required to carry out a consignment of no more than 13 hours in any period of 24 continuous hours of work.

  • 5 By way of derogation from Article 5:7, second paragraph, part c , the employer shall organise the work in such a way that an employee who has been subject to 16 or more consignations during a period of 16 weeks of consigning shall, in whole or in part, include periods between 00.00 and 06.00 hours, in that period of 16 consecutive weeks does not exceed an average of 40 hours per week of work.

  • 6 Instead of the fifth member, the employer may also contract the work of an employee who has been consignated 16 or more times during a period of 16 consecutive weeks, covering all or part periods between 00.00 and 06.00 hours. organise in such a way that the worker:

    • a. after the last call caught between 00.00 and 06.00 hours, has a continuous rest period of not less than 8 hours, or, if his service starts immediately following a call caught between 00.00 and 06.00, in the immediately continuous period of 18 hours starting at 6 a.m., having an uninterrupted rest period of at least 8 hours; and

    • b. during that period of 16 consecutive weeks a maximum of 45 hours of work per week carried out on average.

  • 7 For the purposes of the second to sixth paragraph, the work shall commence during consignment at the time of call. If, within half an hour of the termination of the work resulting from a call during consignment, such a call is made again, the intermediate time shall be labour. If, within half an hour, work is carried out on a call during consignment, one or more work is expected to be at least half an hour.


Sudden unforeseen situations

Compare Versions Save

Article 5:10

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 This paragraph and the op Article 5:12, first paragraph These provisions do not apply to an employee of 18 years of age or older who carries out employment in respect of a sudden unforeseen situation in which persons are seriously injured, or to that effect immediately. There is a risk that there may be a risk of serious serious damage to property, or that there is imminent danger of being created, and that there is no time to delay that work and that other measures do not reasonably exist. The Articles 5: 6 , 5:7, second paragraph, introductory sentence and part c , and 5: 9 by derogation from the first sentence of application.

  • 2 The first sentence of the first paragraph shall apply only in so far as the application of this law and the provisions based thereon hinges on the proper exercise of the work referred to in that paragraph.

  • 3 When applying this Article, the employer shall organise the work in such a way that the daily or weekly uninterrupted rest period which an employee does not enjoy can be enjoyed at a time of rest.


Article 5:11

Compare Versions Save Relationships (...) (External Link) Permanent Link

Reserved.


§ 5.3. Specific requirements

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5:12

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By or under general management measure, rules relating to certain labor or labor may be imposed under certain circumstances that deviate from or extend to the case of Section 5.2 certain, as regards:

    • a. the rest period;

    • b. Work on Sundays;

    • c. Working time;

    • d. the reference period, on which the average working time is calculated;

    • e. the pause;

    • f. work on night shift;

    • g. consignations.

  • 2 By or under a general measure of management, with the exception of work carried out by defence personnel, rules which deviate from, come to the place of, or extend to, the addition of Section 5.2 Certain work carried out in respect of labour by:

    • a. persons employed in or on rail vehicles or motor vehicles;

    • b. Persons employed on board aircraft, marine or inland waterway vessels;

    • c. Lead and lead.

  • 3 The nomination of a general measure of directors as referred to in the second paragraph shall be made by our Minister of Infrastructure and the Environment and Our Minister together.


§ 5.4. Exemption and exemption

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5:13 [ Expired by 01-04-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5:14

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister may, if there is a situation which is not situated in job-related circumstances of the worker of 18 years of age or older, but which arises from very special social-social and social circumstances of that worker. Employee, at the request of that worker, waive his/her 5:8 p.m., 8th and 9th member , provided that it is a regular and regular working and resting time pattern in which that worker performs no more than 20 hours of work on night duty during each period of 4 consecutive weeks.

  • 2 The worker referred to in paragraph 1 shall transfer a copy of the exemption or a copy to his employer.

  • 3 The employer shall organise the work in such a way that the worker does not work in contraa with the exemption provided for in paragraph 1 and the rules laid down in that paragraph.


§ 5.5. Assembly

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 5:15

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 If an employee performs during a shift work on which multiple rules, which arise either from the op Article 5:12, second paragraph , resignation clauses, or arising from Section 5.2 and the op Article 5:12, first paragraph , and Section 5.4 Where the same employment applies, one of those rules shall apply to at least three quarters of the work of that service, with a minimum of at least one hour, shall apply only to that rule. throughout that service.

  • 3 If the second paragraph does not apply and an employee performs during a shift work on which multiple rules, which arise either from the op Article 5:12, second paragraph , resignation clauses, or arising from Section 5.2 and the op Article 5:12, first paragraph , and Section 5.4 The following shall apply in respect of the same employment, and where two or more of those rules apply for at least one hour during the performance of such employment:

    • (a) in the case of a young worker, that he carries out no more than nine hours of work during that service and has an uninterrupted rest period of at least 12 hours after that service;

    • (b) in the case of an employee of 18 years of age or older, that he carries out a period of employment of not more than 12 hours during that shift and has an uninterrupted rest period of at least 11 hours after that service, which is once in every contigueated period of time of employment; 7 times 24 hours may be shortened to at least 8 hours, if the nature of the work or the operating conditions bring it up to it.

  • 4 If an employee is engaged in employment in a service to which a rule, resulting from a Article 5:12, second paragraph , or Article 5:12, first paragraph , and Section 5.4 Resignation provision; or Section 5.2 , with respect to the same employment, and this service is followed by a service on which another rule, resulting from an op Article 5:12, second paragraph , or Article 5:12, first paragraph , and Section 5.4 Resignation provision; or Section 5.2 , in respect of the same employment, the following shall apply:

    • (a) in the case of a young worker, that he has an uninterrupted rest period of at least 12 hours between these two services,

    • (b) where an employee of 18 years of age or older is concerned, he shall have an uninterrupted rest period of at least 11 hours between those services, which may be reduced to at least eight hours of rest in each continuous period of 7 times 24 hours; hours, if the nature of the labour or the operating conditions bring this to itself.

  • 5 In the application of this Article, Regulation (EC) No 313/EC shall be amended. 561/2006 was respected.

  • 6 The worker who is engaged in more than one employer shall provide, in good time, to each of those employers of his own initiative, the information necessary to comply with this law and the relevant provisions relating to his employment.

  • 7 The employer shall organise the work in such a way that the employee does not work in contraa with this article.


Article 5:16

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If, in addition to the work of employment in the Netherlands, an employee also carries out work outside the Netherlands, the employer established in the Netherlands shall ensure that that worker does not perform any work contrary to the law and the resignation of that worker. Provisions.

  • 2 The worker referred to in paragraph 1 shall, on his own initiative, communicate to the employer established in the Netherlands in good time the information necessary for the observance of this law and the provisions which it has been based on.

Chapter 6. Participation considerations

Compare Versions Save Relationships (...) (External Link) Permanent Link

Deliberation

Compare Versions Save

Article 6: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

The employer who determines, modifies, or withdraws a working and resting time system shall discuss this in the absence of a participation body in advance with the employees concerned.


Right of information

Compare Versions Save

Article 6: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The employer shall, within seven days, notify the contents of a request for an exemption or a written order given in a manner other than in writing, and of a decision on the termination of the work. participation body or, in the absence thereof, of the persons concerned and of workers, other persons and services referred to in the Article 14 of the Working Conditions Act .

  • 2 The period of 7 days referred to in the first paragraph shall begin on the day following that on which the application for an exemption has been lodged or the order given to the cessation of employment in a manner other than in writing has been given or the order has been submitted to the Employer has been made known.


Right-to-stay and right to a maintenance

Compare Versions Save

Article 6: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

The employer shall give the members of a participation body in relation to their task of working and rest periods:

  • a. To accompany the supervisors during their visit, except in so far as they are aware of the latter, that, due to the proper exercise of their duties, reservations exist; and

  • b. To maintain itself out of the presence of others with these supervisors.

Chapter 7. Other administrative aspects

Compare Versions Save Relationships (...) (External Link) Permanent Link

General administrative law

Compare Versions Save

Article 7: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law and the provisions based thereon shall apply to the application of the Divisions 3.6 . 4.1.2. of the General Administrative Law Act a participation body in the place of the workers concerned, unless it is a decision which is addressed to a further worker.


Article 7: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 3 A decision pursuant to this law of an official as intended in the Articles 8:1, second , and 10:5, 2nd member In so far as it concerns the work referred to in paragraph 1 (a) and (b), it shall be taken on behalf of our Minister for Infrastructure and the Environment.


Exemption and exemption

Compare Versions Save

Article 7: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

In the case of a general measure of administration as defined in the Articles 2:7, 1st paragraph , 4:3, second to fourth members , and 5:12, 2nd Member , together with our Minister of Infrastructure and the Environment, our Minister and our Minister of Infrastructure and the Environment may be granted the power to grant exemptions and exemptions.


Detailed rules on exemption and exemption

Compare Versions Save

Article 7: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An exemption or a derogation may be granted under restrictions.

  • 2 Provisions may be attached to an exemption or a derogation.

  • 3 An exemption or exemption may be revoked where:

    • a. one or more of the reasons why it has been granted or have been expired;

    • (b) after the award of such facts or circumstances, that if they had been known at the time of the grant, the exemption or exemption would not have been granted or would not have been granted in that form.

  • 4 An exemption may also be revoked where one or more of the associated requirements is not or are not being complied with.


Requirement for compliance

Compare Versions Save

Article 7: 5 [ Verfalls by 01-04-2007]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Additional requirements for registration

Compare Versions Save

Article 7: 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By or under general management measure, rules may be laid down concerning the approval, granting, issuing, refusal, suspension, revocation or ingestion by Our Minister of Infrastructure and the Environment of the plea:

    • a. In respect of a proper registration as specified in: Article 4:3, second and third paragraphs , with regard to work carried out by persons working in or on motor vehicles;

    • (b) for the purpose of checking for the proper registration of working and rest periods in respect of work carried out by persons employed in or on motor vehicles, intended for the purpose of Article 8: 5 ;

    • c. intended Article 9: 2 for installing, investigating, or recovering a device as specified in Article 9:1, 1st paragraph , as well as the recording and transmission of the data stored therein.

  • 2 The nomination of a general measure of directors as referred to in the first paragraph shall be made to Us by Our Minister of Infrastructure and the Environment.


Article 7: 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister of Infrastructure and the Environment keeps a record of the Article 7:6, first paragraph , means and related data of data subjects.

  • 2 The information referred to in paragraph 1 may be processed in the interests of proper performance and enforcement of the rules laid down in or pursuant to this Act with regard to a lawful possession and use of the Article 7:6, first paragraph , means of funds.

  • 3 The rules of our Minister of Infrastructure and the Environment may lay down rules on the provision of the information referred to in paragraph 1 to interested parties to the extent that this is in the interest of proper implementation and enforcement of the information provided by the Commission. rules laid down in or pursuant to this Act concerning a lawful possession and use of the Article 7:6, first paragraph , means and methods of processing such data.

Chapter 8. Monitoring

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 8.1. Monitoring

Compare Versions Save Relationships (...) (External Link) Permanent Link

Supervisors Designation

Compare Versions Save

Article 8: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The supervision of compliance with or under this law shall be subject to the responsibility of officials appointed by the decision of Our Minister.

  • 2 With regard to the categories of employment designated by Our Minister, the supervision of compliance with the provisions of or under this law shall be the responsibility of the officials other than those referred to in the first paragraph. In the case of officials designated by another Minister, the decision to designate such officials shall be taken by our Minister and other Minister jointly. If our Minister designates officials of provinces, municipalities or waterboards, he shall do so in accordance with the relevant boards.

  • 3 By way of derogation from the second paragraph, the decision referred to there shall, in so far as it applies, be Article 5:12, second paragraph , distinguished categories of work, taken by our Minister of Infrastructure and the Environment and Our Minister together.

  • 4 Of a designation decision as referred to in the preceding paragraphs shall be communicated by placement in the Official Gazette .

  • 5 In the case of or under a general measure of management, provision may be made for the cases to be determined by or under that measure and the person carrying out or doing work in the territorial sea or exclusive economic zone the officials referred to in the first or second member of the Commission, in the exercise of their powers, to be sent to the places where such work is or will be carried out. Article 4:3, fifth paragraph , shall apply mutatis mutandis.


§ 8.2. The order for the cessation of work

Compare Versions Save Relationships (...) (External Link) Permanent Link

The order for the cessation of work

Compare Versions Save

Article 8: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A supervisor may order that, if Article 3:2, first paragraph , in his judgment is being violated to a serious extent, a child ceasing to work.

  • 2 A supervisor may order that if work is carried out which, in its opinion, is seriously contrary to the rules governing working and rest periods or proper registration laid down by this Law and the provisions based thereon, Referred to as infringements in the sense of Article 10: 1 or have been identified as economic offences referred to in Article 2, first paragraph, of the Law on Economic Crimes , a child, the employee or a person as intended in Article 2: 7 , that labor will cease at a time to be determined. The time shall not be later than the date on which the resumption of work is legally permitted to be carried out under the same conditions of validity.

  • 3 In so far as the order referred to in paragraphs 1 and 2 is given in any form other than in writing, it shall be confirmed in writing within 7 days, after the injunction has been given.

  • 4 The person who has given an order as referred to in paragraphs 1 and 2 shall be empowered to take the necessary steps to implement them, including the imposition of a charge under administrative constraints, to take the necessary instructions. To give in and to call for the help of the strong arm.

  • 5 The person who has given the order may revoke this order at any time.


Liability

Compare Versions Save

Article 8: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

Any person, who so concerns, shall behave in accordance with an order as referred to in Article 8:2, 1st and 2nd Member , and a measure or designation referred to in the fourth paragraph of that Article.


Article 8:3a. Orders for cessation of work in connection with recidivism

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An official appointed by our Minister to that effect may, after an infringement of a rule or a prohibition on or under this law, be established that is administrated administrated or on the basis of the official Law on economic crimes is punishable, give the employer a written warning that in the event of a recurrence of the offence or of a subsequent violation of the same statutory obligation or prohibition or at or under general law, the Management Board to designate similar obligations or prohibitions, which may be ordered by him to cease operations for a period of not more than three months or not to be caught. Article 8:1, second paragraph , shall apply mutatis mutandis.

  • 2 If a warning as referred to in paragraph 1 has been issued and a repeat of the offence or a subsequent offence referred to in paragraph 1 has been established, the official referred to in paragraph 1 may by decision be made available to the employer by decision An order referred to in paragraph 1 shall be imposed on the date of the day of the decision. This Decision shall not be issued until such time as the first infringement, referred to in paragraph 1, has not yet been subject to an administrative fine or an official record of proceedings.

  • 3 The determination of the infringement, referred to in the first or second paragraph, shall be recorded in a boo report or report.

  • 5 The official referred to in paragraph 1 shall be empowered to take the necessary measures, to take the necessary measures and to give the necessary instructions, and to give the necessary measures, including the imposition of a charge under the control of a charge. the strong arm to call.

  • 6 Each person in this regard is obliged to behave in accordance with an order referred to in paragraph 2 and a measure or designation as referred to in the Fifth paragraph.

  • 7 In the case of, or under general management, detailed rules shall be laid down regarding the first and second members.


§ 8.3. Confidentiality

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link

The supervisory authorities shall, except in the case of whom they are subject to their duties by reason of their authority, be required to keep the names of the persons concerned by whom a complaint has been lodged or a declaration of economic offence such as that of the Intended in Article 2, first paragraph, of the Law on Economic Crimes in so far as they relate to this law and the provisions based thereon, except where these persons have stated that they have no reservations regarding the communication of their names.


§ 8.4. Supervisory authorities

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of, or under general management, rules may be laid down on the application and use of funds by supervisors for the purpose of checking for proper registration of working and rest periods in respect of Work carried out by persons employed in or on motor vehicles.

  • 2 The nomination of a general measure of directors as referred to in the first paragraph shall be made to Us by Our Minister of Infrastructure and the Environment.


Article 8: 6

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 A supervisor may issue a plea in respect of the proper registration provided for in this Directive. Article 4:3, third paragraph , which relates to work carried out by persons in or on motor vehicles, in cases of unlawful possession and use of that plea, as defined by general rules of management.

  • 2 Any person shall be required to issue a plea in law as referred to in the first paragraph on the basis of the first action.

  • 3 An advanced means shall be sent to our Minister of Infrastructure and the Environment with a report on the force of claim issued by the supervisor.

  • 4 The nomination of a general measure of directors as referred to in the first paragraph is made to Us by Our Minister of Infrastructure and the Environment.


§ 8.5. Exchange of data

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 8: 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Management bodies shall be empowered to supply, on their own initiative, all information and information necessary for the implementation and monitoring of compliance with the Commission, without any obligation to inform our Minister and the supervisor, without any charge. certain by or under this law, and this is necessary for the purpose of a grouping between two or more of the said authorities.

  • 2 Our Minister and the regulator shall provide other governing bodies free of charge all data and intelligence obtained by the implementation or supervision of compliance with or under this Act, which are necessary for the purpose of the performance of their legal task and is necessary for the purpose of a partnership between two or more of the aforementioned authorities.

  • 3 Our Minister, governing bodies and the regulator may use the civil service number when processing personal data.

  • 4 The data provision referred to in paragraphs 1 and 2 shall not take place if the personal life of the data subject is thereby disproportionately impaired.

  • 5 In the case of, or under general management, rules may be laid down as to cases where and how information is supplied in any case.


§ 8.6. Disclosure of data obtained by monitoring compliance [ Treein effect at a time to be determined]

Compare Versions Save

This part has not (yet) entered into force; see the summary of changes

Chapter 9. Independent administrative bodies

Compare Versions Save Relationships (...) (External Link) Permanent Link

Road Traffic Service

Compare Versions Save

Article 9: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Road Traffic Service shall be responsible for the recognition of any natural or legal person who has a device to verify compliance with the case of or under the Articles 2: 7 and 5:12, 2nd Member (a), referred to as general measure of administration, in so far as it concerns work carried out by persons, works in or on motor vehicles, installation, investigation or repair.

  • The Road Traffic Service shall be responsible for monitoring the installation, investigation and repair of the equipment referred to in paragraph 1 by the recognised natural or legal persons referred to in that paragraph.

  • The Road Traffic Service shall be responsible for the approval of record sheets and of apparatus referred to in paragraph 1.


Article 9: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 In the case of, or under a general rule, rules may be laid down concerning:

    • (a) the recognition of natural or legal persons intended to Article 9:1, 1st paragraph , the application for recognition, the requirements for recognition, and the rules to be attached to a recognition and the withdrawal or suspension of a recognition;

    • b. the application and the use of resources for the purpose of installing, investigating or repairing a device as intended Article 9:1, 1st paragraph , as well as the recording and transmission of the information contained therein;

    • c. the application for an approval as referred to in Article 9:1, third member .

  • 2 The nomination of a general measure of directors as referred to in the first paragraph shall be made to Us by Our Minister of Infrastructure and the Environment.

Chapter 10. Administrative enforcement

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 10.1. Infringements

Compare Versions Save Relationships (...) (External Link) Permanent Link

Prompt violations

Compare Versions Save

Article 10: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Where an article or a regulation referred to in paragraph 1 refers to the AETR Convention, it may also be punishable by an administrative penalty if that Convention has been made in the English language and is known.


Article 10: 2 [ Exchanges by date 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 10.2. The Forest Report

Compare Versions Save Relationships (...) (External Link) Permanent Link

Penalty Report

Compare Versions Save

Article 10: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 10.3. Imposition of the fine

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 10: 4 [ Verfalls by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Imposition of the fine

Compare Versions Save

Article 10: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An official appointed by our Minister to that effect shall impose the administrative fine on the natural or legal person to whom the obligations arising under this law and the provisions based thereon, as such, shall be imposed on them, in so far as the failure to comply with it has been identified as an infringement.

  • 2 To the extent that it is the Article 5:12, second paragraph In the case of different categories of employment, an official appointed by our Minister of Infrastructure and the Environment and Our Minister together with the Minister of the Environment shall impose the administrative fine on the natural or legal person to whom the obligations are shall rest from this law and the provisions based thereon, in so far as the failure to comply with it is indicated as an infringement.

  • 3 infringements of that law and the provisions based thereon shall apply to any person, with or in respect of whom the offence has been committed, and to any day in the course of which the offence was committed.

  • 4 If an employee employed by an employer established outside the Netherlands, in his contract, works for an employer established in the Netherlands, the obligations arising out of that law and the non-established employer shall rest with the person responsible for the employment of the employer. provisions, to the extent that they are referred to as infringements, including the employer established in the Netherlands.


No imposition of administrative penalty

Compare Versions Save

Article 10: 6

Compare Versions Save Relationships (...) (External Link) Permanent Link

No administrative penalty shall be imposed if a conduct contrary to this law or the provisions based thereon also constitutes a criminal offence as referred to in Article 3 (1). Article 11: 3 will yield.


The amount of the administrative fine

Compare Versions Save

Article 10: 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Without prejudice to the first paragraph, the Article 10:5, first or second member -designated official the administrative penalty to be imposed of 100% of the amount of the penalty determined on the basis of paragraph 6, if, within a period of five years preceding the date of the determination of the offence, an earlier violation, consisting of failure to comply with the same legal obligation or prohibition or failure to comply with similar obligations and prohibitions pursuant to or pursuant to a general measure of management, has been established and the administrative penalty for the earlier offence has become irretrievable.

  • 3 The increase in the administrative penalty, referred to in paragraph 2, shall be 200 percent if both the violation and earlier offense, referred to in that paragraph, are assigned to or under general management measure as severe violations.

  • 4 Without prejudice to paragraph 1, the following shall increase the Article 10:5, first or second member -designated official, the administrative penalty to be imposed of 200% of the amount of the penalty, determined on the basis of paragraph 6, if, within a period of five years preceding the date of detection of the offence, two previous times violation, consisting of failure to comply with the same legal obligation or prohibition or failure to comply with similar obligations and prohibitions pursuant to or pursuant to a general measure of management, has been established and the administrative fines for the earlier offences have become irretrievable.

  • 5 By way of derogation from the second and fourth paragraphs, the five-year period in those paragraphs shall be 10 years if the irrevocable penalties provided for in those paragraphs have been imposed for serious infringements designated by or on the basis of a general measure of management.

  • 6 Our Minister lays down policy rules laying down the penalty amounts for the offences. For offences committed by persons referred to in Article 5:12, second paragraph Our Minister of Infrastructure and the Environment and our Minister, together, lay down policy rules establishing the amount of fines for these offences. Article 5:53 of the General Administrative Law Act shall apply if an article has not been complied with or pursuant to the Act on the basis of which an administrative penalty may be imposed.


Article 10: 8 [ Expaed by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 10: 9 [ Expaed by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 10.4. Obligation of intelligence and reimbursement

Compare Versions Save Relationships (...) (External Link) Permanent Link

Obligation of intelligence to the penit/semi-trailer

Compare Versions Save

Article 10:10

Compare Versions Save Relationships (...) (External Link) Permanent Link

The person to whom an administrative fine has been imposed shall, on request, be given to the person responsible for doing so on the grounds of Article 10:5, first or second member , designated official with the information reasonably necessary for the execution of the administrative fine.


Article 10:11 [ Exfall by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 10:12 [ Exfall by 01-07-2009]

Compare Versions Save Relationships (...) (External Link) Permanent Link

§ 10.5. Repayment

Compare Versions Save Relationships (...) (External Link) Permanent Link

Repayment

Compare Versions Save

Article 10:13

Compare Versions Save Relationships (...) (External Link) Permanent Link

If an administrative fine has been unduly imposed, it shall be reimbursed to the recipient within six weeks of finding that the administrative fine has been incorrectly established.


§ 10.6. Special requirements for drivers of motor vehicles without known place of residence or residence in the Netherlands

Compare Versions Save Relationships (...) (External Link) Permanent Link

Terms

Compare Versions Save

Article 10:14

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • For the purposes of this paragraph, the following definitions shall apply:

    • a. Vehicle: a motor vehicle and a tractor;

    • b. plate number: the number of the registration number of a vehicle registered abroad.

  • For the purposes of this paragraph, 'motor vehicle', 'tractor' and 'driver', which is defined in Article 4 (b) of Regulation (EC) No 1408/71, is understood as 'motor vehicle', 'tractor' and 'driver', which is to be included in Article 4 (b) of Regulation (EC) No 10 561/2006.


Applicability of the paragraph

Compare Versions Save

Article 10:15

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 By way of derogation from the paragraphs 10.2 to 10.4 , with the exception of Article 10:7, 1st and Sixth Member , this paragraph can be applied:

    • a. if the violation occurred with or by means of a vehicle which is likely that the holder of the registration number or driver has no known residence or place of residence in the Netherlands; or

    • (b) in the case of an infringement established in the Netherlands, committed by a driver of a motor vehicle who has no known place of residence or residence in the Netherlands, by contract of an employer not established in the Netherlands, to the extent that the person concerned is on transport to which Regulation (EC) No 561/2006 or the AETR Convention is applicable.

  • 2 In the case of the determination of an infringement referred to in paragraph 1 (b), no administrative penalty shall be imposed where a penalty has already been imposed or a procedure for the imposition of a penalty has been initiated for that infringement.


Article 10:16

Compare Versions Save Relationships (...) (External Link) Permanent Link

Payment of the fine

Compare Versions Save

Article 10:17

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Article 10:16 The said supervisors may claim that the administrative penalty is being paid immediately.


Provisional measures

Compare Versions Save

Article 10:18

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Article 10:16 As a preliminary measure, supervisors shall be empowered to transfer the vehicle to a place designated by them and to put it into custody or to provide the vehicle with a mechanical device, which shall make it possible to ensure that the vehicle is The vehicle shall be prevented from being driven away. They may claim that, before the vehicle is returned to the driver, the administrative fine will also be paid in addition to the costs of transmission and custody.

Chapter 11. Penalisation and related provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Applicability of the Dutch Criminal Law

Compare Versions Save

Article 11: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The Dutch penal code shall also apply to any driver of a motor vehicle irrespective of the place of residence or place of residence, and any employer irrespective of the place of establishment, who is guilty of an offence outside the Netherlands. rules, which result from the on the Articles 2:7, 1st paragraph , 4:3, second to fourth members , and 5:12, 2nd Member , based on provisions, in so far as:

    • (a) these rules relate to work done by persons employed in or on motor vehicles; and

    • b. It concerns an economic offence as referred to in the Law on Economic Crimes.

  • 2 The Dutch criminal law also applies to the driver of a motor vehicle who has no known place of residence or stay in the Netherlands, and to the non-resident employer, who is guilty of an offence outside the Netherlands. The Netherlands of the rules referred to in paragraph 1, where:

    • (a) on transport to which Regulation (EC) 561/2006 or the AETR Convention is applicable;

    • b. the offence in the Netherlands is determined; and

    • c. it concerns an economic offence as referred to in the Law on economic crimes .

  • 3 In the case of the determination of an infringement as referred to in paragraph 2 (b), no prosecution shall be brought in the event that a penalty has already been imposed or a procedure for the imposition of a penalty has been initiated for the infringement.


Special liability

Compare Versions Save

Article 11: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 If an employee employed by an employer established outside the Netherlands, in his contract, works for an employer established in the Netherlands, the obligations arising out of this law and the following shall rest with the person responsible for employment provisions, to the extent that they are referred to as criminal offences, including the employer established in the Netherlands.

  • 2 If an employee is one to him in the on Article 5:12, second paragraph If the general measure adopted does not comply with the provisions of that measure, it may be determined that the employer is to be regarded as the person who has not complied with that provision.


Penal provisions

Compare Versions Save

Article 11: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Non-compliance with Article 3:2, first and fourth paragraphs , and 3:3, 2nd Member This is to be regarded as a criminal offence if an accident happens to a child in the course of employment which has serious physical or mental injury or death or if it is reasonably expected to be the subject of such an accident. An impact on the performance of work is connected.

  • 3 Where the AETR Convention is referred to or under this Act, it may also be regarded as a criminal offence if that Convention has been made in the English language and is known.


Criminal imposition

Compare Versions Save

Article 11: 4

Compare Versions Save Relationships (...) (External Link) Permanent Link

The relevant provisions of this law in the Law on economic crimes offences against each person, with or in respect of whom the violation of that law and the relevant provisions have been committed, and in respect of each day in the course of which the offence was committed.


Presentation of judicial notices

Compare Versions Save

Article 11: 5

Compare Versions Save Relationships (...) (External Link) Permanent Link

The distribution of judicial notices in cases of infringement, arising out of an infringement of the Articles 4:3, 2nd to 4, 4 , and 5:12, 2nd Member The following shall also be carried out by an employer who is not established in the Netherlands, in respect of persons employed in or on a motor vehicle, and may also be liable to the driver of that motor vehicle which declares his willingness to communicate without delay, to the addressee of the addressee for whom it is intended.

Chapter 12. Final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Nomination

Compare Versions Save

Article 12: 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

Where this law does not otherwise determine, the nomination to be a general measure of directors is made by Our Minister.


Tarifering

Compare Versions Save

Article 12: 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister shall fix the fee payable for the cost of the documents, made out pursuant to this Law and the provisions based thereon, and the fee, due for the cost of treating a Exemption application, except where it relates to the Article 5:12, second paragraph , distinct categories of labor.

  • 2 Our Minister of Infrastructure and the Environment fixes the fee payable for the cost of the pieces, put up or funds issued, pursuant to this Act and the ensuing provisions for the in Article 5:12, second paragraph , distinct categories of labour, as well as the fee, due for the costs of processing an exemption application for those distinct categories of labour.


Citation Title

Compare Versions Save

Article 12: 3

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law is cited as: Working Time Act.

Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Issued at Gravenhage, 23 November 1995

Beatrix

The Minister for Social Affairs and Employment,

A. P. W. Melkert

Published in the 19th of December 1995

The Minister of Justice,

W. Sorgdrager