Key Benefits:
Decision of 4 December 1995 laying down detailed rules on working hours and rest periods
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the proposal of Our Minister of Social Affairs and Employment of 11 July 1995, AV/RV/95/1620;
Having regard to the Directives of the Council of the European Union of 23 November 1993 on certain aspects of the organization of working time ( PbEG 1993, L 307) and of 22 June 1994 on the protection of young people at work ( PbEG 1994, L 216);
Having regard to the Articles 2:1, 1st paragraph , 2:7, 1st Member , 4:3, second and fourth member , and 5:12, 1st member, of the Labor Time Act ;
The Council of State heard (opinion delivered on 4 September 1995, no. W12.95 0352);
Having regard to the further report of the Minister of Justice of 28 November 1995, Directorate-General for Legislation, Administrative and Legal Affairs, No WBJA/W2/95/1377;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
-presence of on-call time: a continuous period of not more than 24 hours in which the worker is obliged, if necessary in addition to the work of the contract, to be present at the place of work for the purpose of calling on employment to be negotiated as soon as possible. carrying out;
-availability service means a continuous period of up to 24 hours during which the employee is obliged, if necessary in addition to the work of the negotiated labour, to be able to perform the negotiated employment as soon as possible;
-mining: what is meant by Article 1 (n) of the Mining Act ;
-nursing, care, counseling, medical treatment or medical examinations of persons related to their physical or mental condition, or their advanced age,
-volunteer fire service: an 18-year-old employee who has volunteered for the fire department and as such has been appointed by the board of the security region or the college of mayor and aldermen. is effective;
-law: the Working Time Act .
1 The Articles 4: 2 and 4: 3 and the Chapter 5 and 6 of the Act and the following provisions do not apply to work done by an employee of 18 years of age or older:
a. whose annual salary is at least three times the amount determined in accordance with the third paragraph; or
(b) who, on behalf of the employer, is solely or principally in charge of employees who work for that employer on a mining activity.
2 The first paragraph, (a), does not apply to the worker who:
a. Work done on, or from, a mining operation;
b. To do work in night shift; or
(c) work carried out in which or in direct connection with which serious risks to the safety or health of persons are connected.
3 The amount of the amount referred to in paragraph 1 shall be as follows:
a. the 12-fold of the payout delay of one month, specified in: Article 8 (a) of the Act, minimum wage and minimum holiday allowances , that in accordance with Article 14, first and sixth paragraph, of that Act , is fixed on 1 January of the relevant year,
b. increased by land based on Article 15, first paragraph, of the Wet minimum wage and minimum holiday allowances prescribed percentage of holiday allowances,
c. rounded to the nearest multiples of € 50, with the residual amount of € 25 being rounded up.
In the case of an employee who works part-time, the amount of the part-time factor shall be paid in proportion to the amount of the parttime worker.
4 The annual salary set out in paragraph 1 shall be published annually by or on behalf of Our Minister in the Official Gazette.
1 The Articles 4: 1 , 4: 2 and 4: 3 , Chapter 5 and Chapter 6 of the Act and the following provisions are not applicable to work done by the worker of 16 years of age or older, who is a volunteer as referred to in the Article 2, 6th paragraph, of the Law on Earnings Act 1964 . To the extent that the employee, intended in the first sentence, is a youthful employee, he does not work between 23.00 pm and 06.00 am.
2 The Articles 4: 2 and 4: 3 and the Chapter 5 and 6 of the Act and the provisions based thereon do not apply to work carried out by the volunteer fire brigade, in so far as such employment is the repressive act in the event of a fire or accident and that employment arises from a call which the worker does not require hearing.
3 The Articles 4: 2 and 4: 3 and the Chapter 5 and 6 of the Act and the provisions based thereon do not apply to work done by an employee of 18 years of age or older who:
a. exclusively or principally by means of sport provided for in its livelihood;
(b) scientific research, in so far as the nature of such research or the processes to be used in the study makes it necessary;
c. Only work carried out as a family-parent in the context of:
1 °. youth aid as referred to in Article 1.1 of the Youth Act which is accompanied by residence in a foster parent or in accommodation, provided that such persons are to be cared for by persons other than for reason of their mental or physical condition, for a period of etchor, or
2 °. nursing or care;
d. provides for a living alone or principally as an actor, artist or musician;
e. work as a medical practitioner, as a general practitioner, as a nursing practitioner or as a medical practitioner, and is registered as such in one of the registers of the Royal Netherlands Society for the promotion of medicine, or as a medical practitioner. dental specialist and is listed as such in the register of the Netherlands Society for the Promotion of Dentistry, or
f. for the time required to serve as the leader or supervisor of pupils or apprentices during school camps or trips or camps under the educational establishment, a Accommodation as intended Article 1.1 of the Youth Act , whether a nursing or care facility is organised and what work is being carried out outside that institution, accommodation, or other than one establishment.
Section 5.2 of the Act and the corresponding provisions apply to work done by an employee of 18 years of age or older employed by the Royal House Department, unless special circumstances for safety and privacy reasons related to the members of the State of the Royal House obstructs the application of that paragraph and the provisions which it is based on.
1 Article 5:5, second paragraph, point (b) of the Act , does not apply to labor performed by employees in trading companies and offices.
2 The first paragraph shall continue to apply if the nature of the work or the operating conditions bring this to itself.
3 The second paragraph may be applied only by collective agreement or, where there is no collective arrangement or the collective arrangements, with the agreement of the worker concerned. Any clause which otherwise than in the previous sentence or paragraph paragraph shall not apply to the first paragraph shall be null and void.
Article 5: 6 of the Act does not apply to work performed by the worker in connection with the performance of a spiritual office and to work done by the worker assisting him in the performance of that office.
Section 5.1 of the Act and-as far as is referred to as infringements-the Section 5.2 to 5.5 of the Act and the provisions based thereon shall apply mutatis mutandis to the person who, without having to be an employer or an employee within the meaning of the Act, carries out employment on or from or for the benefit of any mining work.
Section 5.1 of the Act and-as far as is referred to as infringements-the Section 5.2 to 5.5 of the Act and the provisions based thereon shall apply mutatis mutandis to the person, who is to be without an employee or an employer within the meaning of the Diving Act and the directly related work carries out in the civil submersible construction.
The employer makes sure, that on a manned mining work, the proper records related to that mining work are intended. Article 4:3, 1st paragraph, of the Act is present. A copy of this registration shall be made after not more than 6 weeks from the date on which the relevant data and documents relate to the head office of the employer in the Netherlands.
1 If Article 5.14:4 or Article 5.14 :4a the employer shall ensure that registration of the employee's working and rest periods is carried out in accordance with a model established by Our Minister.
2 The worker referred to in paragraph 1 shall carry out the registration referred to in that paragraph during the performance of the employment.
3 The first and second members shall apply mutatis mutandis to a person as referred to in Article 2.2:1 .
4 In the case of ministerial arrangements, detailed rules may be laid down concerning the content, interpretation and use of the registration referred to in paragraph 1.
The employer and the person referred to in Article 2:7, first paragraph , the law preserves the data and documents relating to the Article 4: 3 The registration obligation laid down in the Act is at least 52 weeks from the date on which the relevant data and documents relate.
The employer shall keep a register of all employees who have granted consent as referred to in the Article 4.8:2, 1st paragraph .
1 This paragraph applies only to work carried out in the context of an alternative sanction.
2 For the purposes of this paragraph, alternative sanction means:
a. a project for the execution of the penalty of unpaid labour in the overall nutcase, intended in Article 9, first paragraph, point (a) (3) of the Criminal Code ;
b. Participation in a project as referred to in Article 77e of the Code of Criminal Law ;
c. the fulfilment of the condition, specified in Article 77f, first paragraph, point (b) of the Criminal Code , or
d. the implementation of the alternative sanction, referred to in Article 77h, second paragraph, of the Penal Code .
1 By way of derogation from Article 5:7, first member of the law this article may be applied.
The employer for whom the young worker carries out work in the context of an alternative sanction shall organise the work in such a way as to provide that worker with no more than 10 hours per shift and 55 hours per week of work.
1 Article 5:15, first to fourth and sixth and seventh member, of the Act does not apply to work carried out in the context of an alternative sanction.
2 The worker who, in the course of an alternative sanction, is employed by an employer in the context of an alternative sanction shall provide the employer, on his own initiative, with the information necessary to comply with the law and the provisions based on it. Labor.
1 By way of derogation from the Articles 5:7, second paragraph, point (a) , and 5:8 p.m., 1st member, of the law this article may be applied.
2 The employer organizes the labor prior to New Year 's Day, the Christian First or Second Easter Day, the day on which the King' s birthday is celebrated, Ascension Day, the Christian First or Second Pentecost Day, 5 December and the First or The second Christmas day is such that, in the continuous period of 7 days prior to that day, the worker of 18 years of age or more shall, if the nature of the work or the work of the work or the person concerned, work for a maximum of two times 14 hours of work per night shift per night shift. Operating conditions are associated with this holiday.
3 If any religious or philosophical views other than a day as referred to in the second paragraph affects the nature of the work or the operating conditions in a manner similar to the influence of the person concerned, a date referred to in that paragraph, that paragraph shall apply mutatis mutandis.
1 By way of derogation from the Articles 5:7, second paragraph, point (a) , and Article 5:8, first paragraph, of the law this article may be applied.
2 If the work does not prevent a deferral and is not reasonably prevented by taking other measures, the employer shall organise the work in such a way as to ensure that the worker is 18 years old or older at most every period of 2 years. 14 hours of work per shift per night shift work.
1 In the case of the working time per shift per night shift and on the interrupted rest period, by way of derogation from Section 5.2 of the Act and the Sections 4.2 and 4.7 and Chapter 5 , this article is applied.
2 The employer organizes the work so as to extend the working time per shift per night shift and the continuous rest period by not more than 15 minutes of time, if the work of the worker is to be extended to a minimum of 15 minutes. An employee of 18 years of age or older, at the end of his service, is taken over at the night shift and is immediately pursued by another worker and makes a proper transfer of the work necessary.
3 To the derogation provided for in the second paragraph, 5:8 p.m., 8th and 9th member, of the law and the Articles 5.1:3, 3rd paragraph, point (d) , 5.4:4, third member and 5.8:1, 3rd member , not applicable.
1 Article 5:4, 2nd and 3rd member, of the Act does not apply if:
a. The employee carries out work without direct contact with any other worker who carries out similar work; or
b. the nature of the work makes it necessary for the alternation of the work by service to be impossible by means of a pause by a break, and this cannot be reasonably prevented by the organisation of work in a different way.
2 Where the first paragraph is applied, the employer shall organise the work in such a way that, by way of derogation from:
a. Article 5:7, second paragraph, point (c) of the Act , the worker carries out an average of 44 hours per week in each period of 16 consecutive weeks;
b. Article 4.7:1, second paragraph, point (a) , the worker carries out work for up to 10 hours in a night shift work, which can be extended twice to a maximum of 12 hours in a night shift.
3 Application of this Article is possible only by collective arrangement. Any clause to derogate from the previous sentence or to a second paragraph shall be void.
1 Article 5:9, 2nd paragraph, of the Act does not apply if the nature of the work makes it necessary for the worker to carry out the negotiated employment as soon as possible during a break on call, and this by otherwise arranging the work is not reasonable. to be avoided.
2 A break as referred to in paragraph 1 shall be considered as a break as referred to in the Article 5:4, second or third paragraph, of the Act .
3 Application of this Article is possible only by collective arrangement. Any clause to derogate from the preceding sentence or to paragraph 1 shall be void.
1 Art. 5:8, 1st, 3rd and 4th member, of the law shall not apply if this Article is applied.
2 The employer organises the work so as to arrange for the employee to be in the period between Friday 18.00 and the following Monday: 08.00:
a. At highest employment for 10 hours in a night shift, which can be extended twice to a maximum of 11 hours in a night shift; and
b. At the end of a night shift referred to in (a), has an uninterrupted rest period of at least 12 hours.
3 When applying the second paragraph, the employer shall organise the work in such a way that the worker does not work for at least 26 consecutive weeks of at least 26 hours from Saturday at least 26 hours until the next Sunday, 24.00 hours.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
1 Art. 5:8, 1st, 3rd and 4th member, of the law shall not apply if this Article is applied.
2 This article applies only if it is used Article 4.7:1 .
3 If application of Article 4.7:1 occur in a period other than the period referred to in the second paragraph of that article, which may occur in an incidental and unforeseen circumstances, which makes the number of workers necessary for the work necessary to the minimum required, or New Year's Day; the Christian Second Easter Day, the day on which the King's birthday is celebrated, Ascension Day, the Christian Second Pentecost Day, 5 December, Christmas Day or the Second Christmas Day, the employer shall organise such work in such a way that the employee:
a. A maximum of two times, in each continuous period of 14 times 24 hours, and not more than 8 times in each continuous 52-week period, with a maximum of 12 hours of work in a night shift; and
b. At the end of a night shift referred to in (a), has an uninterrupted rest period of at least 12 hours.
Article 4.2:1, third member , shall apply mutatis mutandis.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
1 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , 5:7 p.m., second to fourth members , and 5: 8 of the Act are not applicable where the nature of the work makes it necessary for the work to be carried out on a regular basis or for a significant part in an on-call presence and by any other means of organisation of the work. is not preventable.
2 An on-call service shall be imposed on an employee of 18 years of age or older only by collective agreement, in accordance with the third, fourth or fifth paragraphs. Any clause determining, otherwise than in the first sentence, the use of the third, fourth or fifth members shall be null and void.
3 The employer organizes the work so that the employee:
a. For a maximum of 52 times during each 26 consecutive week period, a presence service shall be imposed;
b. A maximum of 48 hours per week, on average, of work carried out for 26 consecutive weeks;
c. has an uninterrupted rest period of at least 11 hours, both prior to and subsequent to an on-call attendance service; and
d. has a rest period of at least 90 hours in each continuous period of 7 times 24 hours, which consists of a continuous rest period of not less than 24 hours, and six continuous rest periods of at least 11 hours; Uninterrupted rest periods may be contiguate.
4 In exceptional cases, where the nature of the labour or operating conditions so justify, collective rules may, subject to paragraph 5 (c) or (d) of paragraph 3, be derogated from under the terms of the paragraph 3. A derogation from this paragraph shall be null and void in any way other than the previous sentence.
5 When applying the fourth paragraph, the employer shall organise the work in such a way that the worker:
a. has an uninterrupted rest period of at least 11 hours prior to and following on to an on-call time, which may be reduced once during each continuous period of 7 times 24 hours to at least 10 hours, and once may be shortened to at least 8 hours if, after such a reduction of the rest period has taken place, the subsequent continuous rest period shall be at least 11 hours and shall be extended by at least the number of hours that the rest period has been reduced by the number of hours of the rest period. prior uninterrupted rest period is less than 11 hours;
(b) without prejudice to subparagraph (a), in each continuous period of 7 times 24 hours a rest period of at least 90 hours, which consists of a continuous rest period of 24 hours or more, and four continuous rest periods of not less than 24 hours; 11 hours, a continuous rest period of at least 10 hours, and a continuous rest period of at least 8 hours, during which continuous rest periods may be contiguous.
1 The second paragraph may be applied only to on-call time, if the employee expressly agrees to that service. This written consent shall be extended to a period of 26 consecutive weeks and shall be extended for periods of time and tacitly for the same period, unless the employee expressly states that such extension is not to be accepted. If the employee does not agree to the tacit renewal, he shall make known to the employer in good time.
2 Article 4.8:1 shall apply, except that by way of derogation from the third paragraph, part b, of that Article the employer organises the work in such a way that, in any period of 26 consecutive weeks, the employee carries out an average of 60 hours per week of work.
1 Article 5:7, second paragraph, point (c) of the Act does not apply if:
a. an unforeseen change of circumstances or the nature of the work it implies that the volume of work supply fluctuates so that the employee temporarily spends more than 48 hours a week on average over a period of 16 consecutive weeks to avoid, by any other means of organising the work, not to be prevented from doing so; or
b. To give an employee, on behalf of the employer, solely or principally, to employees who work for that employer.
2 The employer shall organise the work so that the employee carries out work at a maximum of 48 hours per week in any period of 52 consecutive weeks.
3 Application of this Article may only be applied by collective arrangement as referred to in Article 1: 3 of the Act Or by means of a scheme similar to that provided for in Article 1:4, 1st paragraph, of the Act , where the collective arrangement is intended to Article 1: 3 of the Act , which expressly provides or does not provide for a collective arrangement as referred to in Article 1: 3 of the Act is applicable. Article 1:4, 2nd paragraph, of the Act , if appropriate, shall apply mutatis mutandis. Any provisions derogating from this paragraph or the second paragraph shall be null and void.
1 Article 5:8, 2nd paragraph, of the Act does not apply if:
a. an unforeseen change of circumstances or the nature of the work it implies that the volume of work offer fluctuates so that the employee temporarily spends more than 40 hours per week on average over a period of 16 consecutive weeks to avoid, by any other means of organising the work, not to be prevented from doing so; or
b. To give an employee, on behalf of the employer, solely or principally, to employees who work for that employer.
2 The employer shall organise the work so that the employee carries out work at a maximum of 40 hours per week in any period of 52 consecutive weeks.
3 Application of this Article is possible only by collective arrangement. Any clause to derogate from the previous sentence or to paragraph 2 shall be void.
For the purposes of this paragraph, dredging shall mean activities consisting of dredging, sucking, spraying, moving or extracting materials for industrial, architectural or other purposes and directly related to the use of dredging. related work.
This paragraph applies only to dredging on Dutch territoir, carried out by an employee of 18 years of age or older who is not a seafarer as intended for use in the Netherlands. Article 6.1:2 of the Working Time Decision Transport or crew member as intended in Article 1, first paragraph, of the Inland Law a.
1 The Articles 5:7, second paragraph, point (b) , and 5: 8 of the Act are not applicable, if this Article is applied.
2 The employer shall organise work so that the worker does not exceed 72 hours per week of work.
3 The employer shall organise the work in such a way that the worker who is engaged in night work:
a. At most work done for 11 hours in a night shift;
b. At the end of a night shift, has an uninterrupted rest period of at least 12 hours;
(c) having performed at least three times more than or equal to 7 times subsequent work in a night shift, has an uninterrupted rest period of at least 60 hours;
d. In any period of 16 consecutive weeks not more than 36 hours of work performed in a night shift ending after 2 a.m., and
(e) in any period of 16 consecutive weeks in which the worker carries out 16 or more hours of work on a night shift, at most an average of 40 hours per week of work performed during that period of 16 consecutive weeks.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
This paragraph applies only to work done by an employee of 18 years of age or older:
a. having completed a fire training course with an examination taken from our Minister of the Interior and the Kingdom of the Kingdom, or is exempt from the diploma requirement attached to that training by the Minister of the Interior and of the State which operates as such;
b. Those in direct conjunction with the in A the employed person referred to in that part of the labour market.
1 Article 5:9, 4th paragraph, of the Act shall not apply if the second paragraph is applied.
2 In addition to Article 5:7, second paragraph, point (a) of the Act the employer shall organise the work in such a way that the worker to whom the voluntary fire service has been consignated carries out work for no more than 14 hours in any period of 24 hours of continuous hours.
3 The Articles 5:9, 5th and 6th paragraph , and 5:15, 1st to 4th paragraph, of the Act shall not apply to the volunteer fire service.
1 This Article shall apply only to an employee who has been imposed as a volunteer fire brigade consignation in the function of commander or sub-commander.
2 Article 5:9, 2nd paragraph, of the Act shall not apply if the third paragraph is applied.
3 If, by taking other measures, this is not reasonably preventable, the employer shall organise the work in such a way that the worker referred to in paragraph 1 shall, in each continuous period of 182 times 24 times 24 hours, give at least 91 period of 24 consecutive hours no consignment is imposed.
4 Article 5:9, third member, of the law does not apply to an employee as referred to in the first paragraph.
1 This article does not apply to the employee who performs as a volunteer fire brigade labor.
2 The employer organises by way of derogation from Article 4.8:1, third paragraph, part a , the employment is such that the worker is required to serve at most 62 times in any period of 26 consecutive weeks.
3 Article 4.8:1, third member, part c , outside application, if there are occasional and unforeseen circumstances which result in the number of employees required to ensure unimpeded progress of the service, it will be below the required minimum.
1 This article applies only to the employee who performs as a volunteer fire brigade labor.
2 The employer organises by way of derogation from Article 4.8:1, third paragraph, part a , the work of the worker so that the employee is required to serve on an on-call time of 7 times 24 hours in every contiguous time-space.
3 Article 4.8:1, third member, part c , can be left out once in any contiguous time-space of 7 times 24 hours.
This paragraph applies only to work [ text correction: "labour" must be "labor, which"] the employee carries out and those that [ text correction: "those who" must be "who"] consists of baking bread and banquet and the direct with that related work.
1 Article 5:8, fifth paragraph, of the Act shall not apply if this Article is applied.
2 The employer shall organise the work in such a way that, after performing a series of three and a maximum of six consecutive night shifts, an employee has an uninterrupted rest period of at least 36 hours.
3 Application of this Article is possible only by collective arrangement. Any clause to derogate from the previous sentence or to paragraph 2 shall be void.
1 This article applies only to work done in night work by a young worker who is training to bread-and pastry, bread or head to the bakery by means of a worker or a person who is a member of the bakery. Professional accompanying or a vocational training course in the context of the Law Education and Vocational Education In so far as such work is necessary in the context of that training.
2 Article 5:3, 1st paragraph, of the Act shall not apply if this Article is applied.
3 The employer shall organise the work in such a way as to enable the young worker to work on the night shift:
a. No work done between 10 p.m. and 04.00;
b. A maximum of eight hours per night shift and 40 hours per week of work;
c. At most 4 times in each continuous period of 7 times 24 hours of work on night duty;
d. After performing work on night duty, an uninterrupted rest period of at least 14 hours shall be required.
4 The continuous period referred to in point (c) of the third paragraph shall begin at the first time of the day on which the young worker is engaged in work.
5 Application of this Article may only be applied by collective agreement. Any clause that derogates from the previous sentence or the second, third, or fourth paragraph shall be null and void.
1 This Article shall apply only to bakery and bread-making bakeries in which activities are carried out in a craft manner and which are produced exclusively or principally for one or more of its own bread and pastry shops.
2 Article 5:8, 8th and 9th member, of the law shall not apply if this Article is applied.
3 The employer shall organise the work so that, in any period of 4 consecutive weeks, an employee carries out a period of no more than 20 hours of work in a night shift which ends after 2 a.m.
Application of this Article may only be applied by collective agreement. Any provisions derogating from the preceding sentence or the first or third paragraphs shall be null and void.
This paragraph applies only to work carried out by an employee of 18 years of age or older, in the context of snow and gladness control in relation to the safety of traffic routes or to air traffic safety in air traffic the period from 1 November to 1 April.
1 Article 5:9, fifth paragraph, of the Act shall not apply if this Article is applied.
2 The employer organises the work in such a way that by way of derogation from Article 5:7, second paragraph, point (c) of the Act the worker who has been consignated to 16 or more times of consignment in a period of 16 consecutive weeks, covering all or part periods between 00.00 and 06.00 hours, during that period of 16 consecutive weeks highest average of 50 hours per week of work done and during each 52-week period of not more than 40 hours per week of work.
3 Application of this Article is possible only by collective arrangement. Any clause to derogate from the previous sentence or to paragraph 2 shall be void.
This paragraph applies only to work carried out by defence personnel operating as such.
1 This article applies only to labor performed by defence personnel as referred to in Article 1:7, part b, below 1 ° and 2 °, of the Act .
2 For the purposes of applying Section 5.2 of the Act the young worker shall, subject to the third paragraph, be treated as an employed person of 18 years of age or older. For the purposes of this Decision, with the exception of: Chapter 2 , the first sentence of this application shall apply mutatis mutandis.
3 The employer shall organise the work in such a way that the young worker carries on an average of 40 hours per week in each period of 16 consecutive weeks on average.
1 This paragraph applies only to work carried out by passenger drivers.
2 For the purposes of this paragraph, a person driver means a person who, as a driver, is exclusively or almost exclusively in charge of the carriage of the same person by car.
1 The Articles 5:3, 2nd paragraph , 5:7, second paragraph, parts a and b , 5:8, first to fifth members , and 5:9 p.m., third to sixth member, of the law are not applicable, if this Article is applied.
2 The employer shall organise the work in such a way as to make the driver:
a. For a maximum of seven times, during each period of 14 consecutive days, work done;
b. has an uninterrupted rest period of at least 8 hours in each continuous 24-hour period, which may be reduced to a minimum of 6 hours in any 7-day period.
3 The continuous period referred to in point (b) of the second paragraph shall begin at the first time of day of the day on which the driver of the person works.
Application of this Article may only be applied by collective agreement. Any clause that derogates from the previous sentence or the second paragraph shall be null and void.
1 The daily driving time of a driver is not more than 9 hours per day, which may be extended twice in each seven-day period to 10 hours per day.
2 Without prejudice Article 5: 4 of the Act , the daily driving time shall be interrupted if the driver's fatigue or fatigue threatens or threatens to affect road safety.
3 The weekly driving time of a passenger driver shall not exceed 56 hours in each 7-day period.
1 This article applies only to nightlife venues such as cafés, casinos and discos, where work is carried out exclusively or principally in a night shift.
2 Article 5:8, 8th and 9th member, of the law shall not apply if this Article is applied.
3 The employer shall organise the work so that, in any period of 4 consecutive weeks, an employee carries out a period of no more than 20 hours of work in a night shift which ends after 2 a.m.
Application of this Article may only be applied by collective agreement. Any provisions derogating from the preceding sentence or the first or third paragraphs shall be null and void.
1 This paragraph applies only to work done by an employee of 18 years of age or older, who carries out work of a household nature in or for the benefit of a private household, where that worker is in the private household indwelling.
2 In the case of work as referred to in paragraph 1, the term 'domestic work' shall be understood to mean work carried out in the space used by the employer to provide, in whole or in part, by means of employment.
1 The Sections 4.1 and 5.2 and the provisions based thereon and Chapter 6 of the Act and Chapter 5 , except for this paragraph, do not apply.
2 The employer shall organise the work in such a way that the employee:
a. has a continuous rest period of at least 9 hours in each continuous period of 24 hours;
b. After 4 consecutive hours of work in a service, work is interrupted by a break;
c. has an uninterrupted rest period of at least 36 hours in each continuous period of 7 times 24 hours;
d. Work does not work on at least 13 Sundays in any period of 52 consecutive weeks; and
(e) not more than 60 hours per week and an average of 48 hours per week in any period of 16 consecutive weeks of work.
3 The continuous period referred to in point (a) of the second paragraph shall begin at the first time of the day on which the employee carries out work.
4 Any clause to derogate from this paragraph to the detriment of the worker shall be void.
This paragraph applies only to work done by an employee of 18 years of age or older as intended for employment purposes. Article 2 (c) of the Polition Act 2012 .
Article 5:15, first to fourth paragraph, of the Act does not apply.
1 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , and 5:8, 1st and 3rd member, of the law are not applicable at most once in any continuous period of 7 times 24 hours if the employer organises the work so that the worker is in every continuous period of 7 times 24 hours:
a. has an uninterrupted rest period of not less than 24 hours;
b. shall have a rest period of at least 11 hours in a continuous period of 24 hours.
2 Where the first paragraph, point (b) is applied, the employer shall organise the work in such a way that the worker has an uninterrupted rest period of at least 24 hours after performing such work.
3 The continuous period referred to in point (b) of the first paragraph shall commence at the first time of the day on which the employee carries out work.
Application of this Article may only be applied by collective agreement. Any clause derogating from the preceding sentence, or the first, second or third members, shall be null and void.
Excluding those in the paragraphs 5.15 and 5.16 is determined, this paragraph applies only to work, which consists of activities related to the creation and transmission of audio, visual or audio visual productions as well as directly related work, by employed persons aged 18 years or over.
1 Article 5:3, 2nd paragraph, of the Act shall not apply if this Article is applied.
2 The employer organizes the work so that the employee
a. has a continuous rest period of at least 11 hours in a continuous period of 24 hours, which may be reduced to a minimum of 12 times in any period of 4 consecutive weeks, to a minimum of 10 hours; and
b. In any period of 52 consecutive weeks an average of 40 hours per week of work is performed.
3 The continuous period referred to in point (a) of the second paragraph shall begin at the first time of the day on which the employee carries out work.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
This paragraph applies only to an employee of 18 years of age or older who performs work in or on a railway vehicle, used for the carriage of persons on local railways, designated by Article 2, first paragraph, of the Local Rail Act .
1 Article 5:8, fifth paragraph, of the Act shall not apply if this Article is applied.
2 The employer shall organise the work in such a way that the employee:
a. A maximum of 4 times in each continuous period of 7 times 24 hours of work done on night duty ending before or at 2 a.m.;
b. after a night shift referred to in (a) followed by a service, other than a night shift, has an uninterrupted rest period of at least 11 hours;
c. does not exceed 6 hours of work in the service referred to in point (b); and
d. after the service referred to in (b), has an uninterrupted rest period of at least 46 hours.
3 Application of this Article is possible only by collective arrangement. Any clause to derogate from the previous sentence or to paragraph 2 shall be void.
1 This paragraph applies to employed persons of 18 years of age or older who are engaged in employment:
a. On a mining work;
b. From or for the benefit of a mining plant.
2 In this paragraph, 'mining plant' means what is meant by Article 1, point (o) of the Mining Act .
1 This Article shall apply only to an employee who performs work on or from a mining facility.
2 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , 5: 7 and 5:8 p.m., first to seventh member, of the law are not applicable, if this Article is applied.
3 The employer shall organise the work in such a way that the employee who is employed in a stable and regular working time pattern:
a. For a period not exceeding 14 times in each 28 continuous day period, not more than 11 hours per shift per night shift, and at least 40 hours per week in a period of 16 consecutive weeks;
b. After performing work in that service, the night shift shall have a continuous rest period of at least 12 hours, the rest period of which may be reduced to a minimum of eight hours in each period of 28 consecutive days.
4 The working time per shift per night shift may, by way of derogation from paragraph 3 (a), be extended to a maximum of one hour for the performance of work consisting of a period of 28 consecutive days in each period of 28 days exercises and training exercises designed to achieve or maintain ability and ability to carry out measures and procedures at the time of accidents and calamities.
5 If the fourth paragraph is applied in derogation from paragraph 3 (b), the continuous rest period of at least 12 hours may be reduced by a maximum of one hour.
6 Where this Article is applied, the employer shall organise the employment of the worker in such a way as to:
a. For any period of 24 hours spent on or from a mining facility, during a period of 16 consecutive weeks, an uninterrupted rest period of not less than 24 hours shall be provided elsewhere;
b. all employees, who perform similar work and are employed in a stable and regular working time pattern, who perform work in a similar working time pattern.
7 The rest period of at least 24 hours, as referred to in paragraph 6 (a), may be interrupted only for the purpose of exercises and training not at regular place for the purpose of obtaining and maintaining the ability and ability to carry out measures and procedures at the time of accidents and calamities. During a period of 52 consecutive weeks, the period of interruption referred to in the previous sentence may not exceed 20 days, of which a maximum of five days shall be contiguous.
8 Where the seventh paragraph, first sentence, applies, the employer shall organise the work in such a way that the worker who is employed in a stable and regular working time pattern shall, in a period of 52 consecutive weeks, not exceed an average of 40% of the total number of hours worked. hours per week of work done.
1 This article applies only to an employee who performs work in a resistant and regular work pattern on a mining work, not being a mining plant.
2 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , 5: 7 and 5:8 p.m., first to seventh member, of the law are not applicable, if this Article is applied.
3 Article 5.14:2, third to eighth members , shall apply mutatis mutandis.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
For the purposes of this Article, a working time pattern in which an employee is employed at the same workplace for a period of not more than 6 weeks shall be understood as a non-proof or regular working time pattern.
2 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , 5: 7 and 5:8 p.m., first to seventh member, of the law are not applicable, if this Article is applied.
3 The employer shall organise the work in such a way that the employee who operates in a non-stable and regular working time pattern:
a. For a period not exceeding 15 times in each 21 continuous day period, not more than 11 hours per shift per night shift, and for a period of 26 consecutive weeks an average of 40 hours per week of work done;
b. having performed after employment in that service, has a continuous rest period of at least 12 hours, which may be reduced to a minimum of eight hours in any period of 21 consecutive days;
c. has an uninterrupted rest period of at least 72 hours in the period of 21 continuous days referred to in subparagraph (a).
4 The working time per shift per night shift may, by way of derogation from paragraph 3 (a), be extended to a maximum of one hour for the performance of work consisting of a period of 28 consecutive days in each period of 28 days exercises designed to achieve or maintain ability and ability to carry out measures and procedures at the time of accidents and calamities.
5 If the fourth paragraph is applied in derogation from paragraph 3 (b), the uninterrupted rest period of at least 12 hours may be reduced by a maximum of one hour.
6 Where this Article is applied, the employer shall organise the work of the worker in such a way that, in relation to any period of 24 hours spent on or from a mining operation during a period of 26 consecutive weeks, an unabated period of time rest period of not less than 24 hours elsewhere.
1 This article applies only to an employee who is from a stable and regular work pattern, intended in the Articles 5.14:2 or 5.14:3 , carry out work in a non-resistant and regular work pattern, meant in Article 5.14:4 .
2 If the nature of the work or operating conditions make this necessary by collective agreement, subject to the third paragraph, a maximum of 2 times in each 52-week period may be derogated from within a period of not less than two weeks from the date of the Article 5.14:2, third paragraph, point a , as regards the number of times a service is to be served. Any clause, by way of derogation, other than the previous sentence, shall be derogated from Article 5.14:2, third paragraph, point a It's null and void.
3 By way of derogation from Article 5.14:2, third paragraph, point a In the case of the number of times of service, the employer shall organise the work in such a way as to provide the worker with a service of up to 15 times in each period of 21 consecutive days.
1 Article 5:4, 2nd and 3rd member, of the Act does not apply if the Articles 5.14:2 to 5.14:4 shall be applied.
2 The employer organises the work so as to do so in the second member of Article 5:4, 2nd and 3rd member, of the law must be broken for at least one hour, which may be split into 2 or more breaks.
1 Article 5:9, second to sixth paragraph, of the Act shall not apply if this Article is applied.
2 The employer shall organise the work in such a way that the worker is required to have a consignment of not more than 13 hours in each period of 24 continuous hours and 85 hours per week of work.
3 Application of this Article is possible only by collective arrangement. Any clause that derogates from the previous sentence or the second or fourth member shall be void.
4 Article 5:9, seventh member, of the law shall apply mutatis mutandis.
1 This Article shall apply only to the worker who carries out diving and related work on or from or for the benefit of a mining plant.
2 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , 5:7, second paragraph, introductory wording and points (a) and (b) , and 5:8 p.m., third to seventh member, of the law are not applicable, if this Article is applied.
3 The employer shall organise the work in such a way that the employee:
a. For a period of 26 weeks, a maximum of 121 days shall be on site, of which not more than 28 days shall be contigued;
b. After a period of up to 28 consecutive days on a location, a rest of at least 7 times 24 consecutive hours must be established;
c. having performed in a service or a night shift, after having worked, has an uninterrupted rest period of at least 8 hours;
d. performed at highest employment for 10 hours per shift and 70 hours per week.
4 If the worker has spent less than 28 consecutive days on site, the employer organises the employee's employment so that the employee has a rest from at least 2 times 24 consecutive hours for each worker. Continuous period of 7 times 24 hours that the employee has been on site. The first sentence shall be applied in proportion to the number of hours the employee has spent on site, with a minimum resting place of 24 consecutive hours elsewhere.
5 Application of this Article may only be applied by collective agreement. Any clause that derogates from the previous sentence or the second, third or fourth member shall be null and void.
1 This Article shall apply only to work consisting of saturation dives and the directly related activities carried out for the purpose of a mining plant.
2 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , and 5: 7 and 5: 8 of the Act are not applicable, if this Article is applied.
3 The employer shall organise the work in such a way that the employee:
a. For a period not exceeding 28 times a maximum of 11 hours per shift per night shift and, in a period of 16 continuous weeks, on average 40 hours per week of work;
b. having performed after employment in that service has a continuous rest period of at least 12 hours; and
(c) for any period of 24 hours in which work is carried out after the end of that work immediately following an uninterrupted rest period of at least 24 hours elsewhere.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
This paragraph applies to work carried out in a cinema by an employee of 18 years of age or older and consisting of the sole or main activity:
a. Operation of film equipment as an operator or an apprentice, or
(b) exercise, on behalf of the employer and in his place, the cinema undertaking.
1 The Articles 5:3, 2nd paragraph , 5:7, second paragraph, parts a and b , and 5:8 p.m., 1st, 2nd and 3rd member, of the law are not applicable, if this Article is applied.
2 The employer shall organise the work in such a way that the employee:
a. A maximum of 12 hours per shift per night shift work;
b. A maximum of 72 hours per week of work performed;
c. does not exceed an average of 40 hours per week in any period of 52 consecutive weeks of work; and
d. has an uninterrupted rest period of at least 11 hours in each continuous 24-hour period, which may be reduced to a minimum of eight hours in any period of 4 consecutive weeks.
3 By way of derogation from paragraph 2 (a), the employer may organise the work in such a way that the worker does not perform at most 26 times in any period of 52 consecutive weeks for a period not exceeding 14 hours per shift of work on the night, provided that: after that employed person, has a continuous rest period of not less than 24 hours after that shift.
4 The continuous period referred to in point (d) of paragraph 2 shall begin at the first time of the day on which the employee carries out work.
5 Application of this Article may only be applied by collective agreement. Any clause that derogates from the previous sentence or the second, third or fourth member shall be null and void.
This paragraph applies to work consisting of works of cultural or artistic performances or performances which may be similar to those connected directly with them, and are carried out by an employee of 18 years of age or older.
1 The Articles 5:3, 2nd paragraph , 5:7, second paragraph, parts a and b , and 5:8 p.m., 1st, 2nd and 3rd member, of the law are not applicable, if this Article is applied.
2 The employer shall organise the work in such a way that the employee:
a. not more than 12 hours per shift per night shift;
b. A maximum of 72 hours per week of work performed;
c. does not exceed an average of 40 hours per week in any period of 52 consecutive weeks of work; and
d. has an uninterrupted rest period of at least 11 hours in each continuous 24-hour period, which may be reduced to a minimum of eight hours in any period of 4 consecutive weeks.
3 By way of derogation from paragraph 2 (a), the employer may organise the work in such a way that the worker does not perform at most 26 times in any period of 52 consecutive weeks at a maximum of 14 hours per shift per night shift work; provided that the employee has an uninterrupted rest period of at least 24 hours after that service is broken down by night shift.
4 The continuous period referred to in point (d) of paragraph 2 shall begin at the first time of the day on which the employee carries out work.
5 Application of this Article may only be applied by collective agreement. Any clause that derogates from the previous sentence or the second, third or fourth member shall be null and void.
1 The Articles 5:3, 2nd paragraph , and 5:8 p.m., 1st, 2nd and 3rd member, of the law are not applicable, if this Article is applied.
2 Article 5.16:2 does not apply if this item is applied.
3 The employer shall organise the work in such a way that the employee:
a. At most work done for 12 hours in a night shift;
b. At most an average of 40 hours per week in any period of 52 consecutive weeks of work done;
c. has an uninterrupted rest period of at least 11 hours in a continuous 24-hour period, which may be reduced to a minimum of 117 times in any period of 52 consecutive weeks to a minimum of eight hours; and
d. After a night shift where the parts a and c are applicable to the reduction of the rest period during a continuous period of 24 hours, an uninterrupted rest period shall be at least 24 hours.
4 The continuous period referred to in point (c) of the third paragraph shall begin at the first time of the day on which the employee is engaged in work.
5 Application of this Article may only be applied by collective agreement. Any clause that derogates from the previous sentence or the second, third or fourth member shall be null and void.
For the purpose of applying this paragraph, 'cleaning company' means an undertaking which, exclusively or principally, makes its use of the periodical or for the time of cleaning in, on or on buildings, land and road transport equipment used for the public transport of persons or goods, as well as the activities directly related thereto.
This paragraph applies only to work done by an employee of 18 years of age or older in a cleaning business.
1 This article applies only to work, which consists of cleaning in, on or on buildings and land.
2 Article 5:3, 2nd paragraph, of the Act shall not apply if this Article is applied.
3 The employer shall organise the work so that the worker has an uninterrupted rest period of at least 10 hours in each continuous period of 24 hours.
4 The continuous period referred to in paragraph 3 shall commence at the first time of the day on which the employee carries out work.
5 Application of this Article may only be applied by collective agreement. Any clause that derogates from the previous sentence or the third or fourth member shall be void.
This paragraph applies only to work consisting of nursing or care provided by an employee of 18 years of age or older.
1 Article 5:3, 2nd paragraph, of the Act shall not apply if this Article is applied.
2 The employer shall organise the work in such a way that the worker has an uninterrupted rest period of at least 11 hours in each continuous period of 24 hours, which may be reduced once during each continuous period of 7 times 24 hours until at least 8 hours, and once it may be shortened to at least 10 hours.
3 The continuous period referred to in the second paragraph shall start at the first time of the day on which the employee carries out work.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
1 In the case of collective arrangements, a availability service may be imposed on an employee in accordance with the second and third paragraphs. Any clause determining, otherwise than in the first sentence, the use of the second or third paragraphs shall be null and void.
2 The employer shall organise the work in such a way as to impose a maximum of three times in each continuous period of 7 times 24 hours and 32 times in any period of 16 consecutive weeks a range of work.
3 For the purposes of this Article 5:9 p.m., third to ninth member, of the law applicable mutatis mutandis.
If a worker imposes both notice, presence or awareness services, the employer shall organise the work so that the worker is not less than three times more than three times in each continuous period of 7 times 24 hours and 32 times in Each period of 16 consecutive weeks of consignment, on-call time or a range of services shall be imposed.
This paragraph applies only to an employee of 18 years of age or older who carries out work as a doctor, or as a dental practitioner or as a dental practitioner in training, or who is a midwife in the intramural field. health care.
1 The Articles 5:7, second paragraph, point (b) , 5:8, 2nd Member , and 5:9, 5th and 6th member, of the law are not applicable, if this Article is applied.
2 Application of this Article is possible only in the case of collective arrangements. Any clause derogating from the previous sentence shall be null and void.
1 This article only applies to the doctor in training as a specialist or dental practitioner in dental training.
2 By way of derogation from Article 4.8:1, third paragraph, part b , until 31 July 2007, the employer shall organise the employment in such a way that an employee carries out an average of 58 hours per week in any 26 consecutive weeks of employment.
3 By way of derogation from Article 4.8:1, third paragraph, part b , from 1 August 2007 to 31 July 2009, the employer shall organise the employment in such a way that an employee carries out a maximum of 56 hours per week in any period of 26 consecutive weeks.
4 By way of derogation from Article 4.8:1, third paragraph, part b , from 1 August 2009 to 31 July 2011, the employer shall organise the employment in such a way that an employee carries out work for a maximum of 52 hours per week for a period of 26 consecutive weeks.
1 In the case of collective arrangements, a availability service may be imposed on an employee in accordance with the second and third paragraphs. Any clause determining, otherwise than in the first sentence, the use of the second or third paragraphs shall be null and void.
2 The employer shall organise the work in such a way as to impose a maximum of 5 times in each continuous period of 7 times 24 hours and 32 times in each period of 16 consecutive weeks a range of work.
3 For the purposes of this Article Article 5:9, third, fourth and seventh to ninth member, of the law applicable mutatis mutandis.
If a worker imposes both notice, presence or awareness services, the employer shall organise the work so that the worker has no more than 5 times in each continuous period of 7 times 24 hours and 32 times in the case of a worker. Each period of 16 consecutive weeks of consignment, on-call time or on a range of services shall be imposed.
This paragraph applies only to an employee of 18 years of age or older who carries out employment as a midwife working in outpatient health care, and the worker who is 18 years old or older who is in training for this purpose.
1 Only if the employer has agreed to do so may, subject to the provisions of the second and third paragraphs, be able to obtain a service for access to an employee. Any clause determining, otherwise than in the first sentence, the use of the second and third paragraphs shall be null and void.
2 The employer shall organise the work in such a way that an employee:
a. At most 5 times in each continuous period of 7 times 24 hours and 64 times in any period of 16 consecutive weeks a range of awareness is required; and
(b) a maximum of 40 hours per week of work done in each period of 16 consecutive weeks, up to an average of 40 hours.
3 For the purposes of this Article 5:9, third member and seventh to ninth member, of the law applicable mutatis mutandis. Article 5:7, second paragraph, point (a) of the Act does not apply.
1 This Article shall apply only to work done by the employee in the course of training as an obstetrician.
2 Only if the employer has agreed to do so can, subject to the third and fourth paragraphs, be able to obtain a service to an employee. Any clause determining otherwise than in the first sentence shall be used by the third and fourth paragraphs.
3 The employer shall organise the work in such a way that an employee:
a. A maximum of 84 times in any period of 52 consecutive weeks and a maximum of seven times a range of at-availability services; and
(b) a maximum of 40 hours per week of work done in each period of 16 consecutive weeks, up to an average of 40 hours.
4 For the purposes of this Article 5:9, third member and seventh to ninth member, of the law applicable mutatis mutandis. Article 5:7, second paragraph, point (a) of the Act does not apply.
This paragraph applies to work carried out by an employee of 18 years of age or older, consisting of:
a. designing, building up and breaking up exhibitions or parts thereof, as well as similar work;
b. Recovering ships.
1 The Articles 5:3, 2nd paragraph , 5:5, 2nd Member , and 5:7, second paragraph, point (b) of the Act are not applicable, if this Article is applied.
2 The employer shall organise the work in such a way that the employee:
a. A maximum of 72 hours per week of work done;
b. has an uninterrupted rest period of at least 11 hours in each continuous 24-hour period, which may be reduced to a minimum of eight hours in each period of 4 consecutive weeks;
c. does not exceed an average of 45 hours per week in any period of 52 consecutive weeks of work; and
d. has a continuous rest period of at least 36 hours in each continuous period of 7 times 24 hours, which may be substituted for a period of rest not more than eight times in any period of 52 consecutive weeks by an uninterrupted rest period of not less than 8 hours; 60 hours in a continuous period of 14 times 24 hours.
3 The continuous period referred to in point (b) and (d) of the second paragraph shall begin at the first time of the day on which the employee carries out work.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
For the purposes of this paragraph, inland waterways shall mean the inland waterways specified in the Annex. Article 1, first paragraph, of the Inland Law .
1 This paragraph applies only to work carried out on board ships on inland waterways, other than vessels, intended for the purpose of Article 12, second paragraph, of the Inland waterway decision , by employees of 18 years or older who are not a crew member as intended Article 1, first paragraph, of the Inland Law .
2 Section 5.1 does not apply if this paragraph is applied.
1 This Article shall apply only if the journey which is wholly or partly outside the Netherlands takes longer than 6 consecutive days.
2 Article 5:5, 2nd paragraph, of the Act shall not apply for a period of not more than six consecutive weeks, provided that the continuous rest period referred to in that Article is offset in accordance with the third paragraph.
3 The employer organizes the work so that, from the day after the ship enters the inland waterway, the worker has an uninterrupted rest period, the extent of which is determined by the result of the calculation of the number of days when the An employee on board the ship has performed work, multiplied by 6 hours.
Application of this Article may only be applied by collective agreement. Any clause derogating from the previous sentence or the second or third paragraphs shall be null and void.
1 Article 5:7, second paragraph, point (a) of the Act and Article 4.3:1 are not applicable, if this Article is applied.
2 The employer shall organise the work in such a way that the employee carries out 14 hours of work per shift of work, at most over every period of two weeks, by a continuous period of 14 hours.
3 Application of this Article is possible only by collective arrangement. Any clause to derogate from the previous sentence or to paragraph 2 shall be void.
Excluding those in Paragraph 5.19 is determined, this paragraph applies to work consisting of ambulance care and the directly related work performed by the worker of 18 years of age or older.
1 In the case of collective arrangements, a availability service may be imposed on an employee in accordance with the second and third paragraphs. Any clause determining, otherwise than in the first sentence, the use of the second or third paragraphs shall be null and void.
2 The employer shall organise the work in such a way as to impose a maximum of three times in each continuous period of 7 times 24 hours and 46 times in any period of 16 consecutive weeks a range of services.
3 For the purposes of this Article 5:9 p.m., third to ninth member, of the law applicable mutatis mutandis.
If a worker imposes both notice, presence or awareness services, the employer shall organise the work so that the worker is not less than three times more than three times in each continuous period of 7 times 24 hours and 32 times in Each period of 16 consecutive weeks of consignment, on-call time or on a range of services shall be imposed.
For the purposes of this paragraph, 'shippersinternaat' means a private law body established in the Netherlands, having legal personality which manages an internaat which provides specific accommodation, care and education the children of inside skippers, fairground operators or circus performers.
This paragraph applies to work carried out in a ship-press-boarding school by a head group leader, group leader or assistant group leader, whose labour consists solely or principally of the provision of educational activities.
The employer shall, by way of derogation from Article 4:8:1, third member, part a , the employment is such that the worker is subject to a call for attendance at a rate of 62 times higher than 62 times in any 26 consecutive weeks.
The non-compliance of the Articles 3.1:1 , 3.1:2, first to third paragraphs, and to the provisions of paragraph 4 , 3.2:1 , 3.3:1 , 4.1:2, 2nd Member , 4.2:1, 2nd Member , 4.3:1, 2nd Member , 4.4:1, 2nd Member , 4.6:1, second member , 4.7:1, second and third members , 4.7:2, third member , 4.8:1, third member, points a and b, and fifth member , 4.8:2, 2nd Member , 4.9:1, 2nd Member , 4.9:2, 2nd Member , 5.1:3, second and third members , 5.3:2, second member , 5.3:3, third member , 5.3:4, second member , 5.3:5, second member , 5.4:2, second member , 5.4:3, third member , 5.4:4, third member , 5.5:2, second member , 5.6:2, third member , 5.7:2, 2nd Member , 5.7:3 , 5.8:1, 3rd member , 5.11:3, 1st and 2nd Member , 5.12:2, second member , 5.13:2, second member , 5.14:2, third to eighth members , 5.14:3, 3rd member , 5.14:4, third to sixth member 5.14.4a, 3rd member , 5.14:5, second member , 5.14:6, second and fourth member , 5.14:7, third and fourth member , 5.14:8, 3rd member , 5.15:2, second and third members , 5.16:2, second and third members , 5.16:3, 3rd member , 5.18:3, third member , 5.19:2, second member , 5.19:3, second paragraph, and third member , to the extent that this paragraph relates to: 5:9 p.m., third to seventh member, of the law , 5.19:4 , 5.20:3, second to fourth members , 5.20:4, second paragraph, and third member , to the extent that this paragraph relates to: Article 5:9, third, fourth and seventh member, of the law , 5.20:5 , 5.21:2, second paragraph, and third member , to the extent that this paragraph relates to: Article 5:9, third member and seventh member, of the law , 5.21:3, third member, and fourth member , to the extent that this paragraph relates to: Article 5:9, third member and seventh member, of the law , 5.23:2, second member , 5.26:3, third member , 5.26:4, second paragraph , 5.27:2, second paragraph, and third Member , to the extent that this paragraph relates to: 5:9 p.m., third to seventh member, of the law , 5.27:3 , 5.28:3 , and 8.1:1 It's a violation.
1 After a recurrence of an offence or similar offence, a warning shall be issued as intended Article 8:3a, 1st paragraph, of the Act and if a repetition of that or similar offence has been established as referred to in that Article of the Law, an order shall be imposed by the designated official to whom the work he has designated for a person to whom he has period is suspended or not allowed to commence.
2 If a serious infringement is detected, by derogation from the first paragraph, a warning shall be as referred to in Article 8:3a, 1st paragraph, of the Act if the same or similar infringement is also found to be serious, it shall be imposed by the official designated for that purpose for the work he has designated for the first infringement. to be suspended or not to commence in the period specified.
3 As a serious infringement referred to in paragraph 2, the following shall be regarded as:
a. an act or omission on the part of the employer contrary to or pursuant to Article 3:2, first paragraph In conjunction with Article 3: 3 of the Act where work is carried out by a child under 12 years of age;
b. an act or omission on the part of the employer contrary to or pursuant to Article 3:2, first and fourth paragraphs , and Article 3:3, 2nd paragraph, of the Act if the child is an accident that causes serious bodily or mental injury or death in the course of employment or if it is reasonable to expect that the aforementioned effects are reasonably likely to occur in the course of employment. Labor is connected;
(c) an act or omission on the part of the employer, which makes it possible for an employee to carry out or leave to work, at least twice the number of hours permitted by the law and the provisions which it is based on that he may employ by service, or the uninterrupted period of employment rest period in each continuous period of 24 hours is half or less of the one in the Law and the provisions based on it have been given uninterrupted rest periods.
4 If the nature of the offence or the circumstances connected with the offence or the consequences of the cessation of work so give rise, it may be waived, as referred to in the first and second paragraphs, and may be shall be waived for the purpose of the first and second paragraphs.
5 A warning as referred to in paragraphs 1 and 2 shall not be issued and an order as referred to in paragraphs 1 and 2 shall not be imposed if the administrative penalty for the offence referred to in paragraphs 1 and 2 of this Article is given on the basis of the policy rules, specified in Article 10:7, 6th paragraph, of the Act is lower than a level of the penalty amount to be established by ministerial arrangement.
Serious infringements in the sense of Article 10:7, third and fifth member, of the law the offences referred to in the Article 7:2, third member .
The similar obligations and prohibitions referred to in Article 10:7, 2nd and 4th member, of the we t, and the similar offences, referred to in Article 7:2, 1st and 2nd Member , shall be designated by ministerial order.
1 By way of derogation from 5:8 p.m., 8th and 9th member, of the law the employer shall organise the work in such a way that, in any period of 4 consecutive weeks, the worker shall carry out a period of no more than 20 hours of work in a night shift ending after 2 a.m., if:
(a) that worker, immediately prior to the date of entry into force of the Act and the provisions based thereon, has been contiguous in a number of years according to a working time pattern similar to that of employment;
b. the working time pattern referred to in subparagraph (a) has not been in conflict with the laws and regulations applicable to employment and rest periods applicable to those employment before the entry into force of the Act;
c. any other way of avoiding the work of the labour is not reasonably preventable.
2 As long as the first paragraph applies, the employer shall keep the particulars and documents relating to that article, part (a).
This Decision shall enter into force on a date to be determined by Royal Decree.
This decision is cited as: Working Time Decision.
Liabilities and orders, that this Decision, together with the accompanying note of explanatory notes in the State Sheet will be placed.
' s-Gravenhage, 4 December 1995
Beatrix
The Minister for Social Affairs and Employment,
A. P. W. Melkert
Published in the 19th of December 1995The Minister of Justice,
W. Sorgdrager
