For the purpose of calculating the revision in respect of more than 30 % more paid hours, the question arises as to whether and when a temporary (agreed in writing) extension of the number of contractual hours for a longer period – for example, replacement in the event of prolonged illness – but remains permanently below the standard of 35 hours per week, may be classified as agreed work within the meaning of Paragraph 2(3) of the Wfsv and Article 3(4) of the Wfsv Regulation. For such situations, include an article stating that, in short, you can ask your boss to adjust the contract hours if you have structurally worked more hours than the hours you have agreed for three months. Do you want to work more or less? So you want your contract hours to be changed for some reason. What about the legislation on this subject? Your employer cannot simply reject such a request. What about? Suppose your employer rejects your request to adjust your contract periods and you think that this reason is unfounded. Then you may want to consider seeking legal aid or a lawyer. Please note that this can put additional pressure on the relationship with your employer. Therefore, always try to solve it well with each other. Also express that you have no desire to work on it and that together you want to look for a good solution for both parties. Ask them what their problem is, what they are facing, etc. In 2020, it is not practical to agree on a temporary extension of contractual hours. If an employee works (much) more hours, these may be paid more as overtime. At the end of the year, there is no verification of the number of hours paid.
There is no risk that you will still have to pay the high WW premium. Do not change the fixed number of contract hours per week unless it is a change indefinitely. For example, 1 calculates the contractual hours as follows: The SDB Groep guarantees that from 1.1.2021, such a temporary extension of the contractual hours can be easily recorded. In a number of cases, it may be advantageous to register it effectively in the event of additional deployment of personnel. For example, if you have peak moments that can be uniquely identified. Suppose that January to March are quiet months and April to September are busy months, then you can arrange different hours during these periods. To prevent an employee from accumulating many hours less at the beginning of the year (with equal pay for hours throughout the year), you can agree on the number of contract hours during the year based on the off-season and adjust the contract hours at the beginning of the high season with an addendum for a set period of time. Your employer must offer you work for the hours specified in your contract.
Does your employer have less work for you? Then he still has to pay for your contract hours. Do you work at least 3 months in a row longer than your contract hours? Then you can ask to change the hours of your contract to the average number of hours: in practice, there may be situations where you need to use your additional staff. Or maybe the staff is asking to work more (temporarily). Does the Balanced Labour Market Act allow for the adjustment of contract hours and what are the consequences? If you lose a total of more than 30% of overtime in the calendar year as agreed in writing, you will need to revise the low WW contribution. You then retroactively pay the high WW premium for permanent employment. For the calculation of paid hours, the hours of both labour relationships count. This does not apply if the number of contractual hours of permanent employment is 35 hours per week or more. In the run-up to the introduction of WAB, SDB Groep provided information on how to manage flexible employee deployment. Employees with a part-time contract (on average less than 35 hours per year) cannot have more than 30% more paid hours in the salary return than their total number of contract hours. If this limit is exceeded, the high WW premium must be paid retroactively to the entire year.
If you have been employed for 6 months and you work structurally more than your contractual hours, you can contact the WAA (Working Hours Adjustment Act), which allows you to claim your contractual hours from the average of the last three months. Read more in my full WAA blog. Of course, it is still possible to increase the contractual hours per week at any time and reduce them again at a later date, without indicating that this is a temporary extension. The software will then continue to apply the low WW rate. The Tax and Customs Administration has announced that it will actively monitor this behavior from 2021. The consequences are then borne by the person liable for the detention. To assess whether you need to revise the low WW contribution, add up the contract hours of the two employment contracts. .