European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Article 2
Flexible work
Employees with at least one year of service with an employer which employs at least 10 employees are entitled to ask their employer for an increase or decrease in their working hours (for example, a switch to or from part-time hours), they also have the right to request an adjustment of their working schedule and working place. The request must be made at least 26 weeks/ 6 months prior to the proposed change in working hours. In principle, the employer should honour such a request unless there is a significant business or service interest involved in not doing so. If the employer has ten or more employees they must decide on the employees request in wiring and with reason within a month. If there are fewer than ten employees, the employer must decide in writing and with reason within three months of the request. Should the employer fail to make a decision withing the time frames specified, the employment arrangement will be modified in accordance with the employee’s request (Article 2(12)).
In the event of a reduction in working hours, there is in any event a significant business or service interest if the reduction:
In the case of an increase in working hours, there is in any event a significant business or service interest if the increase:
Unless unforeseen circumstance intervene, the employee may submit a new request one year after the employer has either accepted or denied such request. Furthermore, apart from the amount of hours, employees can request a change in the timing of the hours worked, if this is possible and in line with the activities of the company. In addition, employees are allowed to request a change of location at which they work. For example they are allowed to request placement at a different company's establishment, or to work from home.
Grounds for rejection by the employer for these kinds of requests are the same as for a requests for an increase or decrease in working hours. An employer may only refuse a request for adjustment of working hours request on the grounds of compelling (business) reasons. Similarly, it applies to a request or adjustment of working schedule/pattern However, the employer may unilaterally change the working schedule, if the interest of the employer outweighs the interest of the employee. The employer must balance the interests of both parties. The right to request an adjustment of working schedules is less strong than the right to ask for an adjustment of working hours.
This act is not specific to restructuring situations but applies generally.
Some employer's organisations are of the opinion that the act is difficult to execute for companies that are just above the employee threshold established in the act. For example if an employee wishes to work fewer hours, it can be difficult, but not impossible, to replace them. In such a case, an employer is obliged to either grant the employee's wish and search for partial replacement, or build a case as to why the employee can not work fewer hours, which can be a time consuming process.
The article doesn’t apply to employees who:
The employer may not disadvantage the employee because the employee has asserted, in or out of court, the rights granted to them in this article, has provided assistance in this regard or has filed a complaint about this.
Eurofound (2015), Netherlands: Working time flexibility, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/working-time-flexibility/netherlands
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