WP RR 17 - Industrial relations in the transport sector in the Netherlands

Table 5 The double norms system of the 1996 Working Hours Act and some examples
for road haulage

Source: Column 1-2: Arbeidstijdenwet 1996, column 3: collective agreement, column 4: euro-online 04-

2002.

The dual framework attempts to reconcile flexibility with the preservation of an adequate
level of protection for the employees by allowing for more flexibility and longer hours in
the short term but by at the same time mandating compensation in the long term through
shorter working hours or a longer rest period later on. The 1996 Working Hours Act has
been accompanied by more extensive laws dealing with decisions on working hours in
specific sectors, amongst which the transport sector (Arbeidstijdenbesluit, ATB and
Arbeidstijdenbesluit vervoer, ATB-V). In the transport sector, there are different and
supplementary provisions for registered pilots and those working in road transport, rail
transport, air transport, inland shipping, and sea freight.

In the road haulage sector, the driving and rest hours issues are being regulated by the
national decree on working hours for the transport sector (Arbeidstijdenbesluit vervoer),
which was developed in close cooperation with the social partners. This decree prescribes
maximum drivers and minimal rest hours per day and week; the (maximum) number of
working hours is not regulated. The content of the decree has been included in the
collective agreement.

In Table 6 column three, the most important provisions have been summarized, that fit
with the principles of the consultation arrangement (overlegregeling). It should be noted
that in December 2001, the European Commission has issued a notice that in March 2005

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