Although the train driver’s story raises eyebrows, the man did not break any rules in this case. A service may be 8 hours, but drivers in Spain are only allowed to drive a train for 5 hours at a time for safety reasons. In the Netherlands, however, this behavior could be grounds for dismissal, says employment lawyer Suzanne Meijers.
Good employee behavior
“Of course you can’t just leave your work behind,” says Meijer. “Because you have your rights, but you also have your duties. You can’t say: ‘I’m going to close the door behind me and walk away.’ After all, there is also such a thing as ‘good employeeship’.”
“Then you can’t just dupe people or put your employer in a bad light. You should at least try to arrange a replacement, for example.” The consequences of refusing work are also not easy. “In the Netherlands, this could even be grounds for dismissal, because you are creating an unsafe situation. I could even imagine that this is a matter of culpable conduct.”
Never leave the train behind
The rail union VVMC is also surprised by the action. “I have to be honest: when I read it, I first thought it was a joke. Who would expect someone to do something like that?” says spokesperson Irene Csik.
“It is not possible in the Netherlands, anyway because there are rules that you can never leave the train alone. Safety always comes first. I assume that this applies to every rail carrier. You are there for the travelers and you want a good product That is also your job: you get paid for it and I think every driver has the responsibility to do that well.”
Specific rules also apply to drivers on Dutch railways. “Here you can sit on a train for a maximum of three hours at a time,” Csik continues. “Afterwards you have twenty minutes of rest, that is to maintain concentration. Safety comes first, so you have to ensure that you get from A to B safely, that is the most important thing.”
“Imagine that you notice in advance or in between that things are not going well, then you have to immediately sound the alarm. Then something will be arranged. You are also trained for this: you have a responsibility to the people who work in the train.”
Take responsibility
The incident in Spain is therefore unthinkable for Csik. “You not only have a responsibility for your home and work, but also for yourself and your fellow man,” she continues. “You can’t just drop a train and say, ‘I’ve worked enough overtime and I’m done with it’. Then you should have taken responsibility to say it in advance. Those are the rules we have here.”
In the law
But despite the many rules in our country, your rights and obligations when working overtime are not necessarily included in the law, explains lawyer Meijers. “What you often see is that there is something about it in the collective labor agreement or the employment contract. If it is in the collective labor agreement, then it applies to the entire industry.”
“Usually a collective labor agreement states that incidental overtime is not reimbursed, so it is something that is part of it and a way for the employer to cover itself. In such a case you are expected to do that , without extra salary.”
That does not mean that employees always get the short end of the stick. “It will be different if you do it regularly. Or in a different way than it is recorded.” In any case, the Working Hours Act stipulates the maximum number of hours you may work per day.
Labor inspection
For employees aged 18 or older, this is a maximum of 12 hours per day and 60 hours per week. But the latter does not apply to every week. Over a period of 4 weeks, an employee may work an average of 55 hours per week and over a period of 16 weeks this is an average of 48 hours. In addition, rest time must be included.
“However, if your employer really makes you work extremely overtime and you do not get paid, you can file a complaint with the labor inspectorate.”
Tags: Leaving train passengers station overtime allowed Netherlands
