{"id":1070,"date":"2021-04-07T05:45:43","date_gmt":"2021-04-07T03:45:43","guid":{"rendered":"https:\/\/vwg.nl\/uncategorized\/gratis-overwerken-na-corona\/"},"modified":"2026-03-03T10:34:00","modified_gmt":"2026-03-03T09:34:00","slug":"unpaid-overtime-after-the-pandemic","status":"publish","type":"post","link":"https:\/\/vwg.nl\/en\/gratis-overwerken-na-corona\/","title":{"rendered":"Free overtime after the pandemic?"},"content":{"rendered":"

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Due to the coronavirus crisis, many employees have been forced to stay at home for a long time. Do they have to make up for the hours they have missed by working overtime without pay?<\/p>\n

Obligation to continue paying wages<\/h4>\n

Minister Van \u2018t Woudt of Social Affairs and Employment responds to Parliamentary questions<\/a> that this is not the case. The employer is, in fact, under an obligation to continue paying wages. This means that wages must be paid even if the work has not been carried out (in full or in part).<\/p>\n

Naturally, the employee must be available to carry out the work. The risk that this may not be possible as a result of the coronavirus measures is borne by the employer. In principle, the employee cannot be obliged to make up for the hours not worked (or to use annual leave to cover them).<\/p>\n

Collective labour agreement or employment contract<\/h4>\n

Unless otherwise agreed in the collective labour agreement or the individual employment contract. There are collective labour agreements in which, for example, an annual hours system has been agreed. It is then up to the parties to the collective labour agreement, or the employer and employee, to decide together how to deal with these arrangements during the coronavirus crisis. If they cannot reach an agreement, the court must decide.<\/p>\n

NOW<\/h4>\n

During the coronavirus crisis, employers can make use of the Emergency Measure: Bridging Scheme to Preserve Jobs<\/a> (NOW). This scheme was introduced to ensure that employers retain their staff. Under the NOW scheme, employers receive a grant which is intended, amongst other things, to enable them to continue paying their employees\u2019 wages.<\/p>\n

However, the NOW does not make it a condition for the grant that employees work fewer hours or do not work at all. Naturally, that condition cannot now be added to the scheme with retroactive effect. Nor does the NOW scheme amend employment law. That said, it is of course not out of the question that, if asked, a court might take into account the fact that the employer has received a NOW subsidy.<\/p>\n

One of the key conditions for the NOW scheme is that the company must be suffering a loss of turnover. This loss of turnover does not necessarily have to be caused by the coronavirus crisis. The NOW scheme may also be claimed on the basis of other causes.<\/p>","protected":false},"excerpt":{"rendered":"

Door de coronacrisis zitten veel werknemers al lange tijd noodgedwongen thuis. Moeten zij de niet-gewerkte uren later inhalen door gratis over te werken? Loondoorbetalingsverplichting Minister Van ‘t Woudt van Sociale zaken en Werkgelegenheid antwoordt op Kamervragen dat dit niet het geval is. Op de werkgever rust namelijk een loondoorbetalingsverplichting. Die houdt in dat het loon […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1070","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/1070","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/comments?post=1070"}],"version-history":[{"count":0,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/1070\/revisions"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=1070"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=1070"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=1070"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}