The Court of Appeal in The Hague ruled earlier this month that the time in which an employee must be present before the start of their shift is regarded as paid working time.

The case concerns a wage claim from an employee of a call centre. The dispute revolved around whether the ten minutes that the employee must be present before the start of his shift can be considered as paid working time.

The respondent in the case had been working at the call centre, Teleperformance, since 26 September 2016. On 26 November 2017, his fixed-term employment contract was extended and converted to an employment contract for an indefinite period on 26 August 2018. The position of [respondent] is Contact Center Employee (Agent) and his most recently earned gross monthly salary is € 1,951.

The rules for Teleperformance state, “Starting at 09:00 means that you are ready at exactly 09:00 to take or make your first call. Therefore, always report to your supervisor 10 minutes before the start of your shift, then you will never be late.”

In 2021, the respondent claimed additional payment of his salary. He justified this as follows, via his representative, "In accordance with the planning rules (the court reads: must), the client must be present 10 minutes before the start of his shift so that he is started on time and can speak to customers. Being present earlier to report to the supervisor is an order from employer and therefore working time. This working time must be paid which has not been paid to date.”

Furthermore, the employee had to use the ten minutes to launch at least four programmes.

The letter requested backpay wages for the period from 26 September 2016 up to the point of the letter.

Teleperformance did not comply and said in a letter that during the ten minutes under discussion, ‘the client in no way expects its employees to actually perform work. The only thing it expects is that the employees are on time enough that they can log in quietly and, if desired, grab a coffee or use the toilet.’

It added, “There is therefore no question of 'work' or 'working time' during the first ten minutes prior to a shift.”

A subdistrict court rule in favour of the employee in 2021.

“Being present earlier is an assignment from the employer in which he is under the authority of the employer and must perform tasks,” the court stated. “This is therefore working time that must be paid.” The subdistrict court allowed the claims and ordered Teleperformance to pay the costs.

Teleperformance appealed, however, the Court of Appeal in the Hague agreed with the subdistrict court and ordered Teleperformance to pay the costs of the appeal proceeding.