Can Your Employer Refuse a Request to Work Fewer Hours?
Thinking about reducing your working hours?
Many employees consider working fewer hours at some point in their careers — whether to care for family, pursue education, or simply improve their work-life balance. But what if your employer says no? Are they allowed to reject your request just like that? This article explains your rights under the Dutch Flexible Working Act and when an employer is allowed — or not allowed — to say no.
Flexible Working Act: approval is the default
The Flexible Working Act (Wet flexibel werken, Wfw) gives employees the right to request a change in working hours. This applies if you’ve worked for at least 26 weeks at a company with more than ten employees.
The starting point of the law is clear: your employer must approve your request unless there is a compelling business reason not to. That’s a high threshold.
What is not a compelling reason?
In practice, employers often provide vague or weak arguments to reject such requests. The following reasons do not qualify as compelling business interests:
“It’s inconvenient for the team.”
“We’re used to you working five days.”
“You’ll be less available.”
According to the legislative history, only serious, demonstrable operational problems count as valid reasons to deny a request.
Examples of valid business reasons
There are situations where employers may legitimately refuse a reduction in hours — but only if they provide solid justification:
In a tight labour market, it's impossible to find a replacement, leading to severe understaffing.
The job is subject to legal scheduling or safety requirements, such as in aviation or healthcare.
In schools, it may be genuinely unfeasible to create workable timetables with reduced staffing.
Even then, the employer must present specific and verifiable evidence. Simply saying it's "not convenient" is not enough.
Example: zookeeper wants to go from five to three days
Imagine you're a zookeeper or work at an animal shelter and want to reduce your workweek to three days. If your employer responds with “that’s not convenient,” but there is always enough staff to cover shifts or it's been easy to hire replacements in the past, then there is no compelling reason. In such a case, your request should generally be approved.
How to submit your request
A request to reduce working hours must:
Be made in writing
Be submitted at least two months before the desired start date
Be responded to by your employer within one month
If your employer fails to respond in time, your request is automatically approved. You may submit such a request once per year.
What if your employer refuses without good reason?
If your employer rejects your request without valid justification, ask for a written explanation and try to discuss it. If you cannot resolve it together, legal action may be an option. In some cases, Dutch courts have ruled that employers must honour a reduction request that was wrongly refused.
Conclusion
Employees in the Netherlands have strong legal rights when it comes to reducing their working hours. Employers can only deny such requests if they can demonstrate serious and specific business concerns. General discomfort or preference is not enough. To protect your rights, always submit your request in writing and on time.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of employer’s responsibilities. Feel free to get in touch.
June 2025
