Unanimous SER recommendation on simplification of Working Hours Act

Download article in original language : NL0503101NNL.DOC

On 18 February 2005, the Social and Economic Council issued a unanimous recommendation on the simplification of the Working Hours Act. The basic premise is to combine a good level of protection with sufficient space for flexibility.

While in terms of content, the recommendation does not go as far as the cabinet proposals tabled in December 2003 (NL0404103F), it nonetheless encompasses a major simplification of the law:

• The Social and Economic Council (Sociaal-Economische Raad, SER) concurs with cabinet in the proposed abolition of the two-tier system of standards currently supported in the act (normative standards and broader negotiating standards within the scope of which the social partners may depart from the normative standards). The straightforward standards that will replace the former will specify the minimum level of protection as opposed to the normative standards.
• Based on this system, the SER hopes to stimulate dialogue between employers and employees regarding working hours and to assign greater responsibility for setting standards at a decentralised level. Within this context, the SER refers approvingly to the policy document 'On the way to a more productive economy' ('Op weg naar een meer productieve economie') published recently by the Labour Foundation (Stichting van de Arbeid, STAR), which also calls for greater decentralisation in negotiating terms and conditions of employment with a view to flexibility and customisation.
• Agreements on customisation can be reached at a collective bargaining level or in consultation with the works council or employee representative body, while still maintaining the hierarchy between the respective levels.
• The option of creating flexibility and customisation through departing from normative standards based on an administrative measure (in this case, the Working Hours Decree) remains intact, but the need to do so will decrease because the law will offer the social partners far more flexibility.
• Enforcement will to a certain extent be achieved through standards pertaining to administrative law (via the Labour Inspectorate) and partly through standards pertaining to civil law (via the parties concerned).
• The SER largely concurs with cabinet as far as broadening the standards is concerned, for example when it comes to scrapping the distinction between structural and incidental working hours (overtime).

In some respects, the recommendation encompasses an increase in the level of protection in comparison with the cabinet plans, especially concerning the break arrangements and those governing standby and night-duty shifts. The SER’s proposed four-week standard of 55 hours a week (aside from a 60-hour week standard, a 16-week standard of 48 hours a week and the possibility of extending the reference period to one year for sectors characterised by seasonal peaks) will raise the level of protection because it restricts the use of 60-hour weeks.

The unions, especially the Dutch Trade Union Federation (Federatie Nederlandse Vakbeweging, FNV), say that achieving unanimity with respect to the recommendation was not hammered out without a struggle and that they had to take a significant conceptual leap in order to reach a compromise this time round. Among the reasons for backing the current recommendation is that the underlying unanimity will stand a better chance of forcing government to adopt it integrally than if support for it were divided. As far as the unions are concerned, more flexibility of working hours than as proposed by the SER in its recommendation, is not desirable. Speaking on behalf of the three central works councils (the Confederation of Netherlands Industries and Employers (Vereniging Nederlandse Ondernemers-Nationaal Christelijke Werkgeversverbond, VNO-NCW), the Dutch Confederation of Agriculture and Horticulture (Land- en Tuinbouworganisatie Nederland, LTO-Nederland) and the Dutch Federation of Small and Medium-sized Enterprises (Midden en Kleinbedrijf Nederland, MKB-Nederland)), MKB-Nederland referred to a solid recommendation that creates a clear framework for customisation at company level. SER Chairperson H. Wijffels spoke of an exceptional recommendation that contributes towards to redesigning labour relations in such a way that greater responsibility is assigned to a decentralised level.

This information is made available through the European Industrial Relations Observatory (EIRO), as a service to users of the EIROnline database. EIRO is a project of the European Foundation for the Improvement of Living and Working Conditions. However, this information has been neither edited nor approved by the Foundation, which means that it is not responsible for its content and accuracy. This is the responsibility of the EIRO national centre that originated/provided the information. For details see the "About this record" information in this record.