Since January 1, 2016, the legal possibilities for an employee to work flexibly have been expanded. The Working Hours Adjustment Act (Waa) is transformed into the Flexible Working Act (WfW). The employee can request adjustment of both the workplace and working hours, in addition to the existing possibility of adjusting working hours. This means that the employee can now also request different working hours and to work in a different place (for example, at home) than the contractually agreed working hours / location.
This law aims to effectively support employees in better combining private life and work. A cultural shift is needed towards a smarter organization of labor and services. It also aims to stimulate the labor participation of women. Research shows that more control over working hours and workplace leads to higher employee satisfaction, and consequently to less turnover and absenteeism.
The employer is not obliged to grant the request, but must reject or approve the request in a timely, written, and motivated manner. For rejecting a request for adjustment of working hours or working time, the (strict) criterion of an overriding business or service interest applies. In the case of reduction of working hours, there is in any case an overriding business or service interest if that reduction leads to serious problems for business operations in the reallocation of the freed hours, in terms of safety, or scheduling issues.
In the case of an increase in working hours, there is in any case a compelling business or service interest if that increase leads to serious financial or organizational problems, due to the lack of sufficient work, or because the established staffing capacity or personnel budget is insufficient for this purpose.
In the case of an adjustment to working hours, there is in any event a compelling business or service interest if the adjustment leads to serious problems in terms of safety, scheduling, or financial or organizational matters.
The new rights do not apply to small employers with fewer than 10 employees. The deadlines in the WfW are shorter, the request for adjustment can be made 2 months in advance (versus 4 months in the Waa) and the employee may already request this if they have been employed for 26 weeks (versus 12 months in the Waa). In short, the employer must act quickly and essentially already be prepared for the employee’s request.
Since employees value flexible working in addition to salary, we see few reasons not to embrace these new legal possibilities, of course as far as the continuity of business processes allows. From the perspective of corporate social responsibility, it is relevant, as it promotes the labor participation of women. Our tips for employers:
- delve into smart solutions to manage output, and enable teamwork outside the workplace;
- delve into smart solutions to manage output, and enable teamwork outside the workplace;
- redefine the working hours or at least their boundaries, with a view to working at different times/days;
- The employer is responsible (and liable) for a safe workplace, the home workplace must be ergonomically designed and must be included in the RI&E;
- Informing the employee about safe teleworking according to the Arbo standards and Working Hours Act. Because the supervision of this is limited, it is advisable to make written agreements in consultation with the employee.
Link to the new law:
http://wetten.overheid.nl/BWBR0011173/geldigheidsdatum_wijkt_af_van_zoekvraag/geldigheidsdatum_01-01-2016
Information about The New Way of Working:
