Employees who want to work more

Employees who would like to work more hours for their current employer can submit a request for an increase of their working hours. What are the conditions that have to be met by such a request, and when does such a request have to be granted?

Request for increase in working hours

Part-time employees who would like to increase their working hours, for instance because they need to stay at home less for their children, may request a (flexible) increase of their working hours. Since 1 January 2016, the conditions of such a request can be found in the Flexible Working Act. This act also provides for the conditions of a reduction of working hours.

Conditions

Employees who are in employment for at least 26 weeks may request an increase in working hours. This request has to be submitted two months before the intended commencement date.

After submittal of the request, the employer is required to consult with the employee. This consultation aims at reaching a solution that is satisfying for both parties. After the consultation, the request can either be granted, turned down, withdrawn, or modified. The employer must make a decision regarding he request no later than one month before the intended commencement date. If the employer decides too late or not at all, the request will be granted automatically.

The request may only include the increase of the working hours of the position of the employee himself. Thus, the request may not concern a vacancy for another position. In this case, the employee has to follow the application process.

Required to grant the request?

Employers are only allowed to turn down the request if substantial business or service interests are concerned. This can include economical, technical or operational interests that are seriously impaired by granting the request. According to the case law, this is a high standard.

The law provides that in any case substantial business or service interests are concerned if the increase in working hours leads to serious problems:

• Of a financial or organisational nature
• Due to lack of sufficient work
• Because positions or human resources budget are insufficient.

No substantial business or service interest were concerned in the following cases:

• The positions are fulfilled by staff on-call.
• The request is turned down because the employee’s performance is inadequate. However, the employee was first being informed of this during the consultations.
• The employer prefers to have the unfulfilled activities done by a full-time employee.

For instance, under the following conditions there are substantial business or service interests:

• The request was submitted during sickness absence of the employee or for the pregnancy or maternity leave period
• The employee’s request concerns activities of a lower salary scale.

More information

Would you like to learn more about how to handle an employee’s request of for increase of working hours? Are you wondering whether you have to grant a request? Please contact us: