Can my employer make me work overtime?

In many cases, your employer may require you to work overtime, but there are limits to this. The law, your collective agreement and your employment contract together determine what is and isn’t permitted. You are always entitled to reasonable compensation and sufficient rest.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

Overtime is not simply prohibited anywhere in the law. However, the law does set clear limits on how long you are allowed to work. These limits are set out in the Working Hours Act.

According to Article 4:8 of the Working Hours Act, you may work a maximum of 12 hours per day. You may work a maximum of 60 hours per week. If you look at a longer period, an average of 48 hours per week over a period of 16 weeks applies. These are the absolute upper limits. (Check this article on wetten.nl for the most up-to-date version.)

In addition to these maximum hours, you are also entitled to rest. The law requires your employer to give you at least 11 consecutive hours of rest between two shifts. Per week, you are entitled to at least 36 hours of uninterrupted rest. Your employer is therefore not allowed to make you work endlessly.

Does your collective agreement or employment contract say nothing about overtime? Then what is ‘reasonable’ applies. The court will look at your role, the practices in your sector and what can normally be expected of an employee. A driver is expected to work different hours to a manager.

Your employer is also not allowed to simply punish you if you refuse to work overtime. This is only permitted if the refusal is unreasonable and there is a clear obligation. Are you refusing overtime because you have a sick person at home or for another valid reason? Then the law is on your side.

Don’t forget the Work and Care Act either. In certain situations — such as when a child is ill — this law gives you the right not to work. It also protects you in relation to overtime.

When does this apply to you?

Whether your employer can actually oblige you to work overtime depends on a few specific factors.

1. Is it in your contract? Many employment contracts contain an overtime clause. This states that you are willing to work overtime if necessary. Is this in your contract? Then, in principle, you have agreed to this. But even then, the legal limits set out in the Working Hours Act still apply.

2. What does your collective agreement say? In many sectors, the collective agreement (CA) sets out the rules regarding overtime. Think of the hospitality industry, healthcare or construction. Your collective agreement may have stricter or more flexible rules than the law. Look up your collective agreement on the rijksoverheid.nl website or ask your employer or trade union about it.

3. What is reasonable? Suppose you have no overtime clause in your contract and your CLA says nothing about it. In that case, the court will consider what is reasonable. A manager in a senior position is more likely to be expected to be flexible than someone in an operational role with fixed hours.

4. Exceptional circumstances In emergency situations — such as a major disruption or a crisis at the company — your employer may ask more of you. But even then, the legal limits apply. And even then, you are entitled to rest and compensation.

Example: Sanne works as a nurse. Her collective agreement allows her to work up to 50 hours a week during busy periods. She may be required to work up to this maximum. Does her employer want more? Then Sanne is entitled to refuse.

Another example: Tim works as a branch manager. His contract states that he will work ‘reasonable overtime’ if necessary. His employer asks him to stay two hours longer once a month. That is probably reasonable. Five extra hours every week without compensation? That goes too far.

Step-by-step guide — what can you do now?

Read your employment contract. Look for an overtime clause. Does it say anything about overtime, compensation or working hours? Make a note of it.
Check your collective agreement. Not sure if you’re covered by a collective agreement? Ask your employer or check rijksoverheid.nl. The collective agreement can strengthen your rights.
Calculate your hours. Keep track of how many hours you work. Are you exceeding the legal limits? If so, your employer is doing something they’re not allowed to do.
Talk to your employer. Discuss the issue calmly. Ask for compensation for your extra hours or ask if the hours can be accumulated as time off (ADV days).
Send a written complaint. Are they not listening to you? Then send an email or letter. That way, you have proof that you have raised the issue.
Contact your trade union or a lawyer. Are you a member of a trade union? They can mediate on your behalf free of charge. You can also ask a question for free on Claim.Cafe.
Submit a complaint to the Dutch Labour Inspectorate. Is your employer systematically breaching the Working Hours Act? The Labour Inspectorate can launch an investigation.

Common mistakes

Thinking you can always refuse. Many people think that overtime is always voluntary. That is not correct. If there is a clause in your contract, you are in principle obliged to cooperate — within the legal limits.
Not knowing your collective agreement. Your collective agreement may set out rules that are very different from the law. If you do not know your collective agreement, you may sometimes miss out on rights — or fail to understand why something is actually permitted.
Tacitly accepting overtime. Do you regularly work overtime without compensation and never say anything about it? Then a judge may later rule that you have tacitly accepted this.
Forgetting to keep track of your hours. Without evidence, it is difficult to prove that you are consistently working too much. Keep track of your hours, preferably in writing or digitally.
Fearing dismissal if you refuse. Your employer cannot simply dismiss you if you refuse to work overtime. Certainly not if your refusal is reasonable or if you have a valid reason.

Frequently asked questions

Am I entitled to compensation for overtime?

That depends on your contract and collective agreement. The law does not automatically oblige your employer to compensate you financially for overtime. However, many collective agreements and contracts do cover this — sometimes in cash, sometimes in time off. Is there nothing in your contract? Then you are entitled to what is reasonable. Systematic unpaid overtime is rarely reasonable.

Can I refuse to work overtime if I am a carer?

Yes, in many cases you can. The Work and Care Act gives you certain rights if you are caring for someone at home. Furthermore, your employer must take your personal circumstances into account. Refusal is more reasonable if you have a compelling reason, such as informal care.

What if my employer forces me to work overtime beyond the legal limit?

In that case, your employer is breaching the Working Hours Act. You can report this to the Dutch Labour Inspectorate. They may impose a fine on your employer. You can also seek legal advice on what further action you can take.

Does the Working Hours Act also apply to managers and supervisors?

In principle, the Working Hours Act applies to all employees. However, exceptions apply to certain groups — such as the self-employed or certain managers with a high degree of autonomy. Check on wetten.nl whether the Working Hours Act makes an exception for your role.

Does travel time count as overtime?

Normally, travel time to and from work does not count as working time. However, if you travel to a location other than your normal workplace at your employer’s request, that travel time may be considered working time. This depends heavily on the situation and your collective agreement.

Relevant legal provisions

Section 4:8 of the Working Hours Act — maximum working hours per day and week (check this section on wetten.nl for the most up-to-date version)
Section 5:3 of the Working Hours Act — minimum rest period between shifts (check this section on wetten.nl for the most up-to-date version)
See the Work and Care Act for provisions on leave and informal care
See the Civil Code, Book 7 (employment contract) for the general obligations of employer and employee

Can my employer force me to work overtime? | Claim.Cafe