Imagine the following situation. You work full-time for your employer in a nice job. You are pregnant with your first child, great news that will cause a lot of changes. Because what do you want after the birth of your child and maternity leave? Stop working? Is your child going to childcare or a combination of these by working less, whether or not in combination with your partner? In other words:Do you want to work less after parental leave? Then you can read about your rights here.
Read also :The downside of quitting working as a mother
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There is, of course, another alternative. Maybe you just want to work more hours. That chance is not great just after you give birth 😉 . But maybe you are already further along and you have children growing up, so that you increasingly get your hands free and you would actually like to work more. Even then it is useful to know what your rights (and obligations) are.
If you want to work less after parental leave, this falls under the adjustment of the working hours. We previously had the Working Hours Adjustment Act (WAA) for this. Since 2016, however, this has been changed in the Flexible Working Act. Below you can read more about what this law says. And about what rights you have as an employee. Pour yourself a cup of coffee or tea, because it won't be light .
The Working Hours Adjustment Act (WAA) makes it possible for employees – who work for an employer with at least ten employees – to work fewer (or more) hours. Organizations with fewer than 10 employees have their own scheme. With the advent of the Wet Flexible Working this possibility remains. The law has only been expanded further. You can now also request another job.
Under the Flexible Working Act, employees are given the right to request their employer to change the working hours, working hours or workplace. However, the law “only” gives the right to make a request. The employer is therefore not always obliged to grant the request.
The employer is therefore not obliged to grant your request. However, the employer may only refuse to let you work more or fewer hours if it has a compelling business interest. That can be a financial interest. For example, the case if the reduction leads to serious problems in filling the open hours. But also, for example, if it poses a risk to safety within the company.
The criterion of compelling business interests or service interests does not apply to the request for workplace adjustment. However, the employer will have to seriously consider the employee's request. He or she will therefore have to consult with the employee.
You already know a little more about the grounds for rejection surrounding the Flexible Working Act. But there are also a number of conditions that you must meet yourself. Do you want to work less after parental leave, or more because the children are getting older? Then you can read more below about the conditions for submitting a request for adjustment of your working hours or workplace.
Very important:the employer must make a written decision 1 month before the date on which you want to work more or less or change your job. If this does not happen, the working hours will be as you have requested.
Nice to know, isn't it, that you have 'just' rights to make a request to adjust the number of hours you work, and that you cannot just refuse. If your organization has fewer than 10 employees, its own scheme applies. You can always work less. However, the regulations of your company may set conditions for this. Your employer can always reject your request to work more in a smaller organization.
