On January 1, 2016, the Flexible Working Act (Wfw) The Wfw (Work and Income (Capacity for Work) Act) has entered into force and applies to employers with more than ten employees. The Wfw grants employees the right to request changes to their employer's working hours, working times, and/or workplace. However, be aware that the law does not entitle them to flexible working. Employers are not legally obligated to always grant an employee's request.
To submit a request for adjustment, the employee must have been employed by the employer for at least six months on the intended start date of the flexible working arrangement. In addition, the request for flexible working must be submitted in writing to the employer at least two months before the intended date of the adjustment.
The employer is then entitled to reject the employee's request. However, whether and when the employer can reject the request depends on the specific request:
- If an employee requests a change in working hours or working time, the employer must grant such a request, unless compelling business or service interests oppose it. According to the Wfw, compelling business or service interests exist, for example, if the employee's request leads to serious problems related to safety, scheduling, or finances, or to business operations.
- If an employee requests a change of workplace, the criterion of compelling business or service interests does not apply. However, the employer must consider the request and consult with the employee if it is rejected.
In theory, it is therefore easier for the employer to reject a request to adjust the workplace than a request to adjust working hours or working time. However, the precise operation of the law will have to be determined in practice.
Please note: the employer must respond to the employee's request in writing no later than one month before the intended effective date of the adjustment. If the request is rejected, the reason for the decision must be given. It is important that the employer communicates the decision (in writing). If the employer fails to make a timely decision, this will automatically result in an adjustment, in accordance with the employee's submitted request.
