Worked extra hours in hospitality, but not paid or compensated?
Under the Hospitality CLA (Horeca-cao), additional hours and overtime hours are counted per reference period of twelve months. Your employer must compensate them with time off within three months after that period and otherwise pay them out at 100% of your hourly wage no later than the following month.
- We check your schedule, payslips and your own timesheet over the correct reference period.
- We check which CLA version and which statutory rules apply to your period.
- We draft the formal demand and keep track of the limitation period of your wage claim.
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Reference date 27 September 2026
Do you work in hospitality in the Netherlands and has your overtime not been paid? The Hospitality CLA 2025-2026 counts extra hours per reference period (referteperiode) of twelve months. Additional hours (meeruren) are hours above your contract hours; overtime hours (overuren) are hours above the full-time standard of 1,976 hours. Both must be compensated with time off, hour for hour, within three months after the end of that period. If that does not happen, your employer must pay them out at 100% of the hourly wage no later than the following month. The 2025-2026 CLA has no general overtime premium. Gather your hours, ask for payment in writing and keep an eye on the five-year limitation period.
Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Last updated: 27 September 2026.
Working extra is normal in hospitality. Many staff only notice at the annual settlement or on their final payslip that hours have disappeared. Below you can read how the hours are counted, when they must be paid and how to prove them.
Who this article applies to
This article is for employees in the Netherlands at a business covered by the Hospitality CLA, for example restaurants, cafés, hotels and lunchrooms. Whether you are permanent, temporary or part-time makes no difference. It does not apply, or only partly, if:
- you work in contract catering; a separate CLA applies to that sector;
- you work through an employment agency; then your agency contract and the associated CLA determine the rules (see help for agency workers);
- your employer has an exemption (dispensatie) and applies a different CLA;
- you are hired as a self-employed contractor (if in doubt, read about false self-employment);
- you work in Belgium. Those rules are not covered here.
The difference between additional hours and overtime hours
In hospitality everything is called “overtime”, but the CLA makes a distinction.
| Type of hours | When they arise | Compensation under the Hospitality CLA 2025-2026 | CLA article |
|---|---|---|---|
| Additional hours (meeruren) | At the end of the reference period, at your employer’s request, you have worked more than the average agreed. | Time off in lieu within 3 months; otherwise paid out at 100% of the hourly wage no later than the following month. | 2.12b |
| Overtime hours (overwerk) | At your employer’s request, you have worked more than the normal working time of 1,976 hours or a longer agreed working time. | For each overtime hour, one hour of paid time off; otherwise paid out at 100% no later than the month after the 3 months. | 3.13 and 3.14 |
| Shortfall hours (minuren) | You worked less than agreed but still received your full wages. | Lapse at the end of the period, unless the cause can reasonably be attributed to you; then they must be made up within 3 months. | 2.12a |
So part-timers usually work additional hours; only above the full-time standard (an average of 38 hours a week, Article 1.23) is it overtime. See also the explanation by the employers’ organisation KHN (in Dutch) and the explanation by the union De Horecabond (in Dutch).
Which Hospitality CLA applies to your period
The Hospitality CLA of KHN, De Horecabond and CNV runs from 1 January 2025 up to and including 31 December 2026 (Article 1.28). According to KHN’s CLA page (in Dutch), it was declared generally binding as of 2 August 2025. Since then it also applies to employers who are not members of KHN, if they fall within its scope.
If you are claiming hours from 2024, the CLA in force at that time applies. For 2025 before 2 August, it may make a difference whether your employer was a KHN member or whether the CLA is referred to in your contract. According to KHN, negotiations on a new CLA will start in mid-October 2026. So check the CLA version for the months you are claiming for.
Under Article 1.27, an arrangement in your contract only remains valid if it is more favourable than the CLA. A sentence such as “extra hours are not compensated” cannot in principle take away your CLA rights.
Reference period: why your hours are counted per year
The CLA uses an annual hours system (jaarurensystematiek). You agree hours per year; the schedule may vary from week to week. The reference period is twelve consecutive months, equal to the calendar year or the holiday year (1 June up to and including 31 May). A different period is allowed, but then for all employees and recorded in your employment contract.
Only at the end of the period is the balance drawn up, while your salary usually stays the same each month. So ask every year for a written overview of your plus and minus hours. According to Article 4.18 of the CLA, every payslip must show the total number of hours worked, in addition to the statutory details from Article 7:626 of the Dutch Civil Code (BW) (in Dutch), such as your agreed working hours.
Time off in lieu or payment: when must your employer pay
The main rule is compensation in time (tijd voor tijd): one hour of paid time off for each extra hour, within three months after the reference period. If that does not happen, your employer must pay out the rest at 100% of your hourly wage no later than the following month. With the calendar year as the period, this means: hours from 2025 had to be compensated with time off before 1 April 2026, and otherwise paid out in April 2026.
- Taking time off in lieu yourself. You can ask to take your hours at a time of your choice, before the schedule is drawn up and at least three weeks in advance. Your employer may only refuse with reasons if the business operations stand in the way, for example in a seasonal business (Article 3.15).
- End of employment. If the hours can no longer be compensated with time off, they are paid out. Check your final settlement.
- Holiday accrual. According to KHN, you accrue holiday hours and holiday allowance on additional hours and overtime hours that are paid out.
The gross hourly wage is 1/164.67th of the full-time monthly wage (Article 1.22) and may not be below the statutory minimum hourly wage. According to the Dutch government (in Dutch), that is € 14.99 gross for those aged 21 and over as of 1 July 2026 (as of 1 January 2026: € 14.71). Lower amounts apply to young people.
Do you get a premium on overtime in hospitality?
Not automatically. KHN writes that the employer does not have to pay an overtime premium because you worked more than agreed in a year. It is hour for hour: in time or at 100%. Premiums do exist in specific situations:
- Public holidays. For a shift that starts on one of the nine CLA public holidays, you get one hour off for each hour worked. If that does not happen within three months, you get a 50% premium on those hours (Article 3.12). This does not apply to anyone who is not (yet) a skilled worker (vakkracht).
- Night shift at a hotel front office. A 10% night premium applies (Article 4.13).
- Your own contract. A more favourable arrangement or company scheme takes precedence.
Exceptions and limits
The 10% limit
Your employer cannot require you to work more than 10% additional hours above your agreed annual hours per reference period. With a contract of less than 1,040 hours a year, the limit is 104 additional hours. You may refuse a request to work overtime as soon as your total exceeds 2,173 hours. If you work more anyway, those hours simply count.
High income
The normal working time and the working time rules in the CLA do not apply if you are 18 or older and earn at least three times the statutory minimum wage a year (pro rata for part-time work).
Young people
Under 18, stricter limits apply to your working hours. What that means for payment is explained in working overtime as a young person.
On-call workers and zero-hours contracts
Without a fixed annual number of hours, there is as a rule no average to offset against, and an hour worked should be paid in the pay period in which you worked it. Do check the CLA provisions for on-call and stand-in workers. The CLA has its own rules for on-call workers, such as a call-up period of at least 24 hours. Read about your rights as an on-call worker and what applies if a call-up is cancelled. If you structurally work more than your contract, also look at the legal presumption of working hours (Article 7:610b BW).
Now (until 1 January 2028), Article 7:628a BW in its current form applies to on-call contracts (oproepovereenkomst). From 1 January 2028, the Flexible Workers Security Act (Wet meer zekerheid flexwerkers, Bulletin of Acts and Decrees (Stb. 2026, 205)) will largely replace zero-hours contracts (nulurencontract) with contracts with a fixed number of hours or a min-max contract. What a new Hospitality CLA will provide on this is not yet known.
What the law provides alongside the CLA
Anyone who works under an employment contract is entitled to wages (Article 7:610 BW, in Dutch), paid on time (Article 7:616 BW), after the end of each pay period of no more than one month (Article 7:623 BW).
For employees aged 18 and over, the Working Hours Act (Arbeidstijdenwet, in Dutch) sets a maximum of 12 hours per shift and 60 hours per week, an average of 55 hours per week over 4 weeks and 48 hours over 16 weeks (Article 5:7). For 16 and 17-year-olds, it is 9 hours per shift and 45 hours per week. For a shift of more than 5.5 hours, adults are entitled to a break of at least 30 minutes (Article 5:4); see also is your employer allowed to deduct breaks from your pay. Exceeding these limits does not give you extra wages, but can lead to a fine from the Netherlands Labour Authority (Nederlandse Arbeidsinspectie). The employer must also keep proper records of working and rest times (Article 4:3).
Proving your hours
Anyone claiming wages must in principle make it plausible which hours were worked. A court may take into account that the employer has a duty to keep records and did not comply with it properly, but how that works out differs from case to case. So keep a record of your hours yourself. These documents help:
- your employment contract with the agreed hours and reference period;
- all payslips and the annual statement;
- dated photos or screenshots of schedules;
- clock-in data, till logs and closing reports with your log-in and log-out times;
- WhatsApp and text messages asking you to stay longer or cover a shift;
- your own timesheet, updated daily;
- statements from colleagues;
- earlier requests for an overview of hours or for payment.
Ask your employer for any missing data, for example with a data subject access request under the GDPR (AVG). Never use a colleague’s account and do not access systems you should no longer have access to.
Timesheet to copy
The rows below are fictitious; replace them with your own shifts.
| Date | Scheduled hours | Hours worked (start-end) | Break | Already paid | Evidence reference |
|---|---|---|---|---|---|
| Sat 7 Mar 2026 | 17:00-23:00 (6 h) | 16:45-00:40 (7 h 25 min net) | 30 min | 6 h (March payslip) | Photo of week 10 schedule; WhatsApp from manager 23:10 “can you close up?”; till log closing 00:32 |
| Sun 8 Mar 2026 | 12:00-20:00 (7.5 h net) | 12:00-21:15 (8 h 45 min net) | 30 min | 7.5 h (March payslip) | Screenshot of scheduling app; e-mail from colleague about late delivery |
| Fri 13 Mar 2026 | Day off | 18:00-23:30 (5 h 30 min) | None | 0 h | WhatsApp 16:52 “can you cover tonight?”; till log login 18:04 |
How to keep it up to date:
- Fill it in on the same day. A sheet drawn up afterwards in one go is less convincing.
- Write down your actual start and end time, including setting up, closing up and cleaning.
- Only record breaks you were actually able to take.
- Fill in “already paid” as soon as the payslip arrives.
- For each row, refer to at least one other piece of evidence and keep it somewhere other than your work phone.
For a spreadsheet, use these column headings: Date; Scheduled hours; Hours worked (start-end); Break; Already paid; Evidence reference.
Fictitious calculation: additional hours over a full year
Assumptions: Sanne works as a waitress for a KHN member, with a contract of an average of 24 hours a week (1,248 hours a year). The reference period is calendar year 2025. Her fictitious hourly wage is € 16.00 gross. She worked all extra shifts at her employer’s request. She was given no time off before 1 April 2026 and nothing was paid out in April 2026. All amounts are gross.
| Item | Calculation | Result |
|---|---|---|
| Hours worked in 2025 according to timesheet | Total | 1,410 hours |
| Additional hours | 1,410 minus 1,248 | 162 hours |
| Overtime hours | Below 1,976 hours | 0 hours |
| Additional hours to be paid out | 162 x € 16.00 | € 2,592.00 |
| Holiday allowance | 8% of € 2,592.00 | € 207.36 |
Sanne went over the 10% limit (124.8 hours) and could have refused extra requests. She did not; the hours count. Because payment in April 2026 was not made, she can also claim the statutory increase (wettelijke verhoging), here at most half of € 2,592.00. Whether the court will award it in full is not certain.
The wage route: from checking the figures to the subdistrict court
| Step | What you do | Why |
|---|---|---|
| 1. Check the figures yourself | Compare your timesheet with your contract and payslips, per reference period. | You know how many hours and what amount are involved. |
| 2. Written request | Ask by e-mail for an overview of hours and for payment or time off in lieu, with your calculation. | Many mistakes are administrative, and you record that you have asked. |
| 3. Formal demand | A formal demand letter (sommatie) stating the amount, a payment deadline and the next steps you will take. | Makes it unambiguously clear that you demand payment and can interrupt the limitation period. |
| 4. Trade union or lawyer | Have your calculation and evidence reviewed and have a letter sent to the employer. | A well-substantiated letter on your behalf is often taken more seriously. |
| 5. Subdistrict court | A claim for payment of wages, the statutory increase and interest before the subdistrict court (kantonrechter). | The last step. You may represent yourself before the subdistrict court. |
Step-by-step plan: what you can do this week
- Look up your agreed hours and the reference period in your contract.
- Gather payslips and schedules for the period concerned.
- Complete your timesheet with the evidence you still have.
- Determine which hours are additional hours and which are overtime hours, and whether the period for time off in lieu has passed.
- Send your employer a written request with your calculation and a reasonable deadline.
- If no solution follows, send a formal demand or get help, and note when your oldest hours are at risk of becoming time-barred.
Statutory limitation, statutory increase and interest
A wage claim becomes time-barred after five years (in Dutch) under the rules on statutory limitation (verjaring) (Article 3:308 BW, in Dutch), counting from the day after the wages became due. For additional hours under the Hospitality CLA, that depends on the latest date on which the hours should have been paid out. To be on the safe side, assume the earliest possible date. A written demand in which you clearly reserve your right to payment interrupts the limitation period; a new period of five years then begins.
Statutory limitation is different from an expiry period (vervaltermijn): an expiry period cannot be interrupted. If your wage claim is connected with dismissal or termination, much shorter expiry periods may apply that a letter does not stop.
If your employer pays late through its own fault, you can claim the statutory increase (in Dutch) (Article 7:625 BW): 5% per working day from the fourth up to and including the eighth working day, then 1% per working day, up to a maximum of 50% of the wages in arrears. The court may reduce it. You can also claim statutory interest (Article 6:119 BW).
Help with your wage claim
Arslan Advocaten looks at your contract, the CLA version, your hours and the time limits, calculates what is outstanding and, where necessary, sends a well-substantiated formal demand. Read more about a wage claim. If your employment ends after on-call work, also look at the transition payment (transitievergoeding) as an on-call worker.
Frequently asked questions
My employer says overtime is included in my salary. Is that right?
Only if that arrangement is at least as favourable as the Hospitality CLA. Compare your wages with the CLA pay scale and your actual hours. If your actual hourly wage falls below the CLA wage or the minimum wage, you may have a claim.
Do I have to refuse overtime?
No, you do not need to refuse in order to get paid. Under the CLA you may refuse above 10% additional hours, above 104 additional hours with a small contract, or with overtime above 2,173 hours, and when the Working Hours Act limits would be exceeded. Below those limits, being a good employee may mean that you do not turn down a reasonable request.
Can my employer give me time off in lieu instead of paying out?
Yes, time off in lieu is the main rule in the Hospitality CLA, as paid time off within three months after the reference period. If that does not happen, payment follows no later than the next month. You can ask to take your hours yourself, at least three weeks in advance.
Does overtime in hospitality have to be paid double?
Not under the Hospitality CLA 2025-2026. Additional hours and overtime hours are compensated at 100% of the hourly wage or hour for hour in time off. A premium only applies in special cases, such as public holidays without timely time off, or if your contract is more favourable.
Can my employer let my additional hours lapse?
As a rule, no. Under certain conditions the Hospitality CLA 2025-2026 lets shortfall hours lapse, but it has no comparable rule for additional hours or overtime hours. Anything not compensated in time off must be paid out, including in the final settlement. Your claim does, however, become time-barred after five years if you do nothing.
Do closing up and cleaning count as working time?
As a rule, yes, if you do so on your employer’s instructions or with its knowledge. Cashing up, closing up, cleaning and preparing are part of your work. Write down your actual start and end time, not just the scheduled times.
What if my employer keeps no time records?
Your employer must keep proper records of working and rest times. If those records are missing, a court may take that into account when assessing your overview. Your own daily timesheet, schedules, messages and till logs then become even more important.
I have already left. Can I still claim my overtime?
Yes, as long as the claim is not time-barred. Check your final settlement for additional hours and overtime hours that were not compensated and the holiday hours on them, and send a written demand in good time.
Would you like to know what other rights you have as a flexible worker? Then see the overview of flexible-work rights. Do you still have hours outstanding with your hospitality employer? Get in touch and let us check your hours and payslips.
Sources and legal basis
- Hospitality CLA 2025-2026, version of 1 January 2025 (in Dutch): Articles 1.22, 1.23, 1.27, 1.28, 2.12a, 2.12b, 3.12 to 3.15, 3.17, 4.13, 4.17 and 4.18.
- KHN, Hospitality CLA (in Dutch): term and declaration of general applicability as of 2 August 2025.
- KHN, When do I have to pay an overtime premium? (in Dutch)
- De Horecabond, Additional hours and overtime: what are your rights in hospitality? (7 January 2026) (in Dutch).
- Dutch Civil Code, Book 7 (in Dutch): Articles 7:610, 7:610b, 7:611, 7:616, 7:623, 7:625, 7:626 and 7:628a.
- Dutch Civil Code, Book 3 (in Dutch): Article 3:308 (statutory limitation) and the rules on interruption.
- Working Hours Act (in Dutch): Articles 4:3, 5:4 and 5:7.
- Dutch government, Minimum wage amounts 2026 (in Dutch).
- Bulletin of Acts and Decrees (Stb. 2026, 205): Flexible Workers Security Act (in Dutch).
Sources consulted on 27 September 2026. The examples are fictitious; the CLA version and reference period must be determined for each employment relationship.
