Do you structurally work more hours than stated in your employment contract? Then you may be entitled to an adjustment of your contract hours. The legal presumption of employment scope (Article 7:610b of the Dutch Civil Code) can help you claim those additional hours permanently.
In this article, Arslan Advocaten explains what this legal presumption entails, how to invoke it, and what rights you have as an employee.
What Is the Legal Presumption of Employment Scope?
The legal presumption of employment scope means that if an employee has worked structurally more than the contractually agreed hours over a period of at least three months, the actually worked hours are presumed to reflect the agreed working hours.
This is laid down in Article 7:610b of the Dutch Civil Code. The purpose is to protect employees against employers who structurally deploy them for more hours without adjusting the contract.
When Can You Invoke Article 7:610b?
You can invoke the legal presumption if:
- you have worked structurally more hours than agreed for at least three consecutive months;
- there is a recurring pattern of additional hours;
- you can substantiate the additional hours (e.g. with timesheets, schedules, or payslips).
How Does It Work in Practice?
The legal presumption works as follows:
- The employee demonstrates that they have structurally worked more hours over a reference period (at least three months).
- The average number of hours worked during this period is taken as the new standard.
- It is then up to the employer to rebut this presumption — for example, by showing that the overtime was incidental or temporary.
The Reference Period: How Is It Calculated?
The law looks at the last three months before the claim was made. In some cases, a longer period may be considered if this provides a more realistic picture. The reference period serves to determine whether the additional hours are indeed structural.
What Evidence Do You Need?
To substantiate a claim under Article 7:610b, the following evidence is useful:
- work schedules or rosters;
- time registration (clock-in/clock-out systems);
- payslips showing overtime;
- email correspondence or messages about working hours;
- witness statements from colleagues.
Can the Employer Rebut the Presumption?
Yes, the employer can rebut the legal presumption. This may succeed, for example, if:
- the additional hours were linked to a specific temporary project;
- there was an incidental peak in workload;
- the employee themselves requested more hours temporarily.
However, if the employer cannot rebut the presumption, the employee is entitled to an adjustment of the employment scope.
Consequences of a Successful Claim
If the claim succeeds, this means:
- a higher fixed number of hours in the employment contract;
- more salary, holiday pay and pension accrual;
- a higher basis for sickness benefits and transition payment in case of dismissal;
- more holiday entitlement.
Common Situations
- An employee with a zero-hours contract who structurally works 30 hours per week.
- An employee with a min-max contract who is consistently scheduled at the maximum.
- An employee with a part-time contract who is regularly asked to work extra shifts.
Frequently Asked Questions
Can I also invoke the legal presumption with a zero-hours contract?
Yes, particularly zero-hours contracts lend themselves well to this, because many employees structurally work more than 0 hours.
Does the employer have to agree?
If the employer refuses, you can enforce the adjustment through the subdistrict court.
Can I be dismissed for invoking Article 7:610b?
No, dismissal for this reason is in principle not permitted. This may constitute retaliatory dismissal.
Why Arslan Advocaten?
- Specialised in employment law and employee rights.
- We help employees to claim hours and salary.
- We assess your situation free of charge and advise on the best approach.
Need Help Claiming Your Hours?
Do you structurally work more than your contract states and does your employer refuse to adjust your hours? Arslan Advocaten will help you. Contact us for a free, no-obligation consultation.