On 7 June 2024 Advocate general (AG) De Bock advised the Supreme Court to uphold the Hague Court of Appeal's decision that the 10-minute ‘start-up’ time of call centre employees should be considered paid working time.
Paid start-up time
Start-up time is the time employees spend on preparatory tasks before their shift starts. This issue is receiving increasing attention, and recent rulings and collective agreements often confirm that this time should be paid.
The Case
A call centre employee demanded pay for the ten minutes of mandatory attendance before his shift. According to the employer's Planning Rules, employees were required to arrive ten minutes early to perform preparatory work. Both the subdistrict court and the trial court ruled that this mandatory start-up time had to be considered working time. If it had been merely advisory, it would not be working time.
AG Advice
The employer disputed the mandatory nature of the Planning Rules. However, AG De Bock ruled that the trial court had correctly determined that these rules were mandatory and required preparatory work, entitling it to wages.
Supreme Court ruling
The Supreme Court rules on 8 November 2024. Although the AG's opinion is not binding, it is often followed. This opinion underlines the importance of clear agreements on working time and remuneration for preparatory work.