Do you work longer than planned? Do you “hang around for a bit” after closing time? Or are you expected to put in extra hours without them showing up on your pay slip?
Many young people think that overtime simply comes with a part-time job. That is incorrect.
In this blog you’ll read when overtime must be paid, when that often goes wrong for young people and what you can do if you’re paid too little.
What exactly is overtime?
Overtime hours are hours you work above your agreed working time.
That can be:
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above your contracted hours
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above the schedule
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above your average hours
Also for:
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side jobs
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part-time work
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zero-hours contracts
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temporary agency work
you can just work overtime.
Must overtime always be paid?
👉 Yes, in principle.
All the hours you work must be paid.
That also applies if:
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your employer says that it “is part of it”
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you are a student
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it is only a few hours
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it was busy
Unpaid work is not allowed, except in very exceptional situations.
Common situations where it goes wrong
Among young people we often see:
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working longer after closing time
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extra shifts “to help”
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coming earlier, leaving later
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cleaning after working hours
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onboarding outside the schedule
👉 If you work at your employer’s direction, those are paid hours.
What if your contract says that overtime is not paid?
Some contracts contain phrases like:
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“overtime is included”
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“no right to extra pay”
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“flexible scheduling without pay”
For young people and side jobs, this often goes too far.
A contract may not simply deviate from the law or the collective labor agreement.
Especially for the minimum wage:
👉 you must at least the minimum wage for all hours worked receive.
Overtime with a zero-hours contract
Even with a zero-hours contract:
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do you work more than scheduled?
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do you consistently work extra?
Then those hours must be paid.
“You don’t have fixed hours” is no excuse.
Overtime and allowances
In some sectors, you are entitled to the following for overtime:
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a higher hourly wage
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evening or weekend allowances
Think of hospitality, retail, logistics, or healthcare.
Therefore, always check:
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your collective labor agreement
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your payslip
What if overtime does not appear on the payslip?
That happens often.
But:
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the payslip must be correct
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hours may not “disappear”
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making changes afterward is not allowed
Here too: evidence can be:
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schedules
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text messages
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witnesses
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agendas
What should you do if overtime is not paid?
Use this step-by-step plan:
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List the overtime you worked
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Compare schedule and payslip
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Ask in writing for an explanation
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Ask for back pay
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Take action if payment is not made
You can often:
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claim back pay retroactively
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receive a statutory increase
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claim interest
Common mistakes by young people
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thinking that overtime “is part of the job”
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not daring to say anything
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not keeping evidence
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waiting too long
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settling for vague explanations
That often costs money unnecessarily.
Are you unsure whether your overtime should be paid?
Are you:
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student
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part-timer
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temporary agency worker
-
young person with a side job
and do you work overtime without pay?
Then have it checked. Often it turns out that:
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the employer is in the wrong
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you are entitled to back pay
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structural unpaid work is not allowed
👉 Feel free to get in touch to have your situation assessed.
How is Overtime Compensated in the Netherlands?
In the Netherlands, how overtime is compensated depends largely on the employment contract, collective labor agreement (CAO), and company policies. While the law mandates payment for all hours worked, it does not prescribe a fixed overtime pay rate. Often, employers offer either:
- Additional pay at a higher hourly rate (e.g., 125% or 150% of the normal rate)
- Time off in lieu (compensatory rest) instead of extra pay
For young workers, it is important to check your employment contract and any applicable CAO to understand your rights regarding overtime compensation. Some sectors, such as hospitality or retail, may have specific overtime arrangements outlined in collective agreements.
Examples of Overtime Situations
- Example 1: A student working 12 hours a week, but asked to stay for an extra 3 hours during a busy period. These 3 extra hours should be paid or compensated with equivalent time off.
- Example 2: A part-time employee with a 20-hour contract who regularly works 25 hours a week without additional pay. This is a breach of labor law, and the employee can request back payment.
- Example 3: An employee on a zero-hours contract who works on-call shifts beyond what was agreed. These hours count as overtime and must be remunerated accordingly.
Practical Advice for Young Workers
- Keep track of your hours: Record your working hours daily, including any extra time. This documentation can be crucial if disputes arise.
- Review your contract and CAO: Understand what your contract says about working hours and overtime pay. If a CAO applies, check the specific provisions for your sector.
- Communicate with your employer: If you are expected to work overtime regularly without compensation, discuss this with your employer or HR department.
- Seek legal advice if needed: If your employer refuses to pay for overtime, you can contact a legal expert to understand your options and potentially claim unpaid wages.
Legal Protections for Young Workers
The Dutch Working Hours Act (Arbeidstijdenwet) also provides protections for young workers, limiting the number of hours they can work and mandating sufficient rest periods. For example, young workers under 18 have stricter limits on maximum working hours and are generally not permitted to work overtime in the same way adults can.
If you are under 18 and asked to work beyond your permitted hours, this is a legal violation. Employers must comply with these rules to protect the health and safety of young employees.
What to Do If You Are Not Paid for Overtime
If you suspect you have not been paid for overtime:
- Gather evidence: Use your records of actual working hours, pay slips, and employment contract.
- Discuss with your employer: Sometimes wage issues can be resolved through direct communication.
- Contact the Dutch Labour Inspectorate (Inspectie SZW): They enforce labor laws and can investigate violations.
- Seek legal assistance: A lawyer specializing in employment law can help you claim unpaid wages.
At Arslan & Arslan Advocaten, we specialize in employment law and are dedicated to protecting your rights as a young worker. If you have concerns about unpaid overtime or your working conditions, contact us today for expert advice tailored to your situation.
Frequently Asked Questions
Am I entitled to be paid for overtime work as a young employee?
Yes, in principle, all hours you work beyond your contracted or scheduled hours must be paid, regardless of your age or the type of contract. Unpaid work is generally not allowed unless in very exceptional situations.
What should I do if my employer does not pay me for overtime hours?
You should first document the hours you worked and compare them with your payslip and schedule. If you find discrepancies, you can raise the issue with your employer or seek legal advice to enforce your rights.
Can my contract say that overtime is not paid or that I have no right to extra pay?
Contracts cannot legally override the obligation to pay for overtime hours worked, especially for minimum wage requirements. Terms that exclude overtime pay often violate labor laws and should be challenged.
Does overtime always qualify for additional allowances or higher wages?
In some sectors like hospitality or healthcare, overtime may entitle you to higher wages or allowances, but this depends on your collective labor agreement and payslip. Always check your contract and payslip to confirm your entitlements.
