Required to Arrive Early: Are You Entitled to Pay?
Does mandatory early presence count as working time?
In September 2024, the Dutch Supreme Court ruled on a seemingly minor but highly relatable workplace issue: mandatory presence before the start of a shift. The central question was whether those 10 minutes of waiting time should be considered paid working time. It may seem like a small detail, but it strikes at the heart of when “working” begins and when the employer’s duty to pay wages kicks in.
The case: Teleperformance and the 10-minute rule
This case concerned an employee at Teleperformance Netherlands B.V., a major call center company. The employee was required to be at their workstation 10 minutes before the shift began. They had to check in, prepare, and be ready to start making calls the moment the hour struck.
The employee believed that these 10 minutes should count as working time and be paid. Teleperformance disagreed. The case worked its way through the courts and eventually reached the Supreme Court.
What does Dutch law say about working time?
According to the law, working time includes any time during which the employee performs work or must be available to perform work under the employer’s authority. This includes time spent waiting for instructions or being present at a designated location.
But what about just being "ready to work"? That’s where the legal nuance lies.
The Supreme Court’s decision
The Supreme Court upheld the decision of the Court of Appeal, meaning it saw no grounds to overturn it. While the Court did not issue a full explanation (based on Article 81 of the Judiciary Act), it confirmed the lower court’s ruling: the 10 minutes of mandatory presence were indeed considered working time and had to be paid.
In short: if an employee is required to be present at work—even if actual duties haven’t started yet, this generally qualifies as working time.
Why this ruling matters
This ruling is significant for many employers and employees, especially in sectors that rely on tight scheduling, like call centers, security, logistics, retail, and healthcare.
Employers who require staff to be present before their shifts should carefully evaluate whether that time must be compensated. Failing to do so can lead to legal disputes and claims for back pay.
For employees, the ruling offers clarity and a strong precedent: if you’re required to be present, you’re generally entitled to be paid—even if you haven’t started active duties yet.
Practical tips for employers
Review internal policies and schedules: Do you expect employees to arrive early? If so, clarify whether this is considered working time.
Pay correctly for working time: If in doubt, seek legal advice. Not compensating for mandatory presence can lead to costly wage claims.
Communicate clearly: Let employees know what’s expected of them and whether that time is compensated.
Practical tips for employees
Track your time: Keep a record of when you’re required to be present and when your duties begin.
Ask your employer: If it’s unclear whether early presence is paid, seek clarification.
Seek legal advice if needed: If you’re regularly present before your shift without pay, it may be worth consulting a legal expert.
Conclusion
This ruling from the Supreme Court reinforces a key principle: it’s not just about what you do, but also about when and where you’re expected to be. If your employer requires you to be present before your shift, that time likely qualifies as paid working time.
If you’re in a similar situation or unsure whether your working conditions comply with the law, feel free to contact one of our employment law specialists. We’re here to help.
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.
Arbeidsadvocaat.nl is happy to think along with you if you have questions about the topic of your VSO. Feel free to get in touch.
June 2025
