Minus hours and plus hours in the hospitality sector

Written by:
Jacob de Graaff

In the hospitality sector your work week can vary. One week you may work extra hours due to busy periods, another week you may finish earlier. The hospitality collective labour agreement therefore works with a reference period, a fixed measurement period, in which plus hours and minus hours can cancel each other out.

In this article we explain what this means in practice for applicants and employees: when minus hours may arise, when they expire, how settlement works, and what happens when your employment ends.

Quick overview: the main rules

Within the hospitality collective labour agreement these are the basic rules:

What are minus hours and plus hours in hospitality

Minus hours: working less than contract hours but still receiving pay

With minus hours you work fewer hours than you are contractually expected to work on average. Your salary remains based on your contract hours, but the non worked hours are registered as a deficit.

Minus hours often arise because your employer schedules you for fewer shifts, for example during quiet periods.

Plus hours: working extra at your employer’s request

Plus hours are hours you work in addition to your contract hours because your employer schedules or asks you to work them. In the collective agreement plus hours are usually referred to as additional hours.

When is it considered overtime

Plus hours and overtime are not always the same. Overtime usually refers to working above the full time standard or above the limits set in the collective agreement. Plus hours can also arise within normal roster variations.

If you are unsure, check your contract and the collective agreement carefully.

Simple example: contract for 20 hours

Your contract is on average 20 hours per week.

• Week 1 you work 15 hours, resulting in 5 minus hours

• Week 2 you work 25 hours, resulting in 5 plus hours

Over two weeks your balance returns to zero. This is how settlement works in practice.

The reference period: why it matters

The hospitality collective agreement does not settle strictly per month, but looks at your average hours over a longer period. The reference period is therefore the key moment for:

• determining whether your balance is positive or negative

• deciding when plus hours must be taken as time off or paid out

• deciding when minus hours expire or still need to be made up

How long is a reference period

A reference period always consists of 12 consecutive months.

Often this is:

• the calendar year, from 1 January to 31 December, or

• the holiday year, for example from 1 June to 31 May

An employer may choose another period, but that choice must:

• apply equally to all employees, and

• be clearly recorded, preferably in the contract or regulations

Minus hours in hospitality: when can they arise

Minus hours usually arise because your employer schedules you for fewer hours than you are contractually expected to work on average, while your salary remains based on your contract.

Cause attributable to the employer: lack of work or planning

In practice minus hours often arise because:

• there is less work

• an event is cancelled

• the business is temporarily quiet

• you have been scheduled for too few hours

In these situations the cause usually lies with the employer.

Cause attributable to the employee: availability or personal choices

Sometimes minus hours arise partly due to the employee’s choices, for example:

• you are structurally less available

• you refuse reasonable requests to make up hours

• you schedule yourself for too few shifts in a self scheduling system

• you regularly swap away shifts

If the cause reasonably lies with you, this may have consequences for settlement or at the end of employment.

Tip: always record agreements about availability, shift swaps and reduced working hours in writing.

When do minus hours expire under the hospitality collective agreement

The main rule is clear:

Minus hours expire after 12 months

If you still have a negative balance at the end of the reference period, those minus hours in principle expire.

Exception: minus hours caused by you

If the cause of the minus hours reasonably lies with you, then:

• you must make up the minus hours within 3 months after the end of the reference period

• after that they expire anyway

Tmeline overview

• Month 1 to 12  →  reference period

• End of month 12  → minus hours expire unless caused by you

• Month 13 to 15  → additional period to make up hours

• End of month 15  → any remaining minus hours expire

What if your employer does not allow you to make up the hours

If you cannot make up hours because your employer does not schedule you, the cause usually does not lie with you. Discuss this immediately and document it.

Plus hours: taking time off or payment

If you work more than agreed, you build up plus hours. The collective agreement states:

First compensation in time off

Additional hours must first be compensated with time off within three months after the end of the reference period.

If that is not possible then payment

If compensation in time off is not possible, your employer must pay out the additional hours in the month after this three month period at 100 percent of your hourly wage.

The practical guideline often used is:

• First compensate within three months after the end of the reference period.

• If that is not possible, then pay out in the following period.

New rule: request time off yourself

In the collective agreement update 2025 to 2026 you may submit a request yourself to take compensation time off. You must apply at least three weeks in advance, preferably in writing. Your employer may only refuse if business operations genuinely do not allow it.

How many extra hours can your employer require

The hospitality collective agreement sets limits:

• your employer may not require you to work more than 10 percent above your contract within the reference period

• for contracts under 1040 hours per year a maximum of 104 extra hours applies

• for full time contracts with a normal working time of 1976 hours per 12 month reference period, the maximum is 2173 hours per reference period

If you exceed this limit, you may refuse additional shifts.

Settlement at the end of employment

When your contract ends the balance is reviewed: are you in plus or minus?

1) leaving with minus hours

Your employer may only settle minus hours with your final payment if the cause of the minus hours reasonably lies with you.

If, after settlement, a remaining amount must be repaid, then:

• you must repay that amount within 2 months

Important: as long as your contract is still running, your employer must in principle continue to schedule you until the end date, if work is available, so that you have the opportunity to make up minus hours.

2) Leaving with plus hours

If your employment ends and taking time off is no longer possible, plus hours must be paid out.

Can your employer deduct minus hours from your salary?

In practice settlement usually takes place at the final payment.

An important principle is that if minus hours arise because your employer scheduled you for too few hours, the risk usually lies with the employer and settlement is not self evident.

Minus hours on public holidays or closure

A clear rule in the collective agreement:

If a public holiday falls on your regular working day and the business is closed, you do not build up minus hours and you are entitled to paid leave.

This principle also applies in other situations where you cannot work because the business is closed.

frequently asked questions

When do minus hours expire in hospitality

Minus hours expire at the end of the reference period of 12 months. Only if the cause reasonably lies with you do you get up to 3 additional months to make them up.

What is a reference period

A fixed period of 12 months in which your employer assesses your average hours and settles plus and minus hours.

Can my employer settle minus hours with my final payment

Yes, but only if the cause of the minus hours reasonably lies with you.

If i resign with minus hours do i have to repay

Only if the minus hours reasonably arose due to your actions. In that case settlement may take place and you may have to repay the remaining amount within 2 months.

Do plus hours always have to be paid out

Not immediately. First compensation in time off applies. If that is not possible within the agreed period after the end of the reference period, the hours must be paid out at 100 percent.

I have minus hours but my employer does not schedule me what now

Request in writing a schedule that allows you to make up your minus hours. If your employer does not allow you to make them up, the cause usually does not lie with you.

Practical tips for employees

• check your hours registration and payslip every month

• ask which reference period your employer applies

• keep your own record of hours, rosters, changes, leave, sickness and extra shifts

• leaving employment ask in advance for an overview of your plus and minus hours and the calculation of your final payment

• if in doubt always ask for substantiation based on rosters and hours registration

Conclusion: how to avoid disputes about minus and plus hours

The hospitality collective agreement allows fluctuations in your schedule, but links everything to the 12 month reference period. As a result plus and minus hours can compensate each other.

Minus hours usually expire after 12 months, unless they demonstrably arose due to your actions. Plus hours must in principle first be taken as time off and otherwise be paid out.

Most disputes arise due to unclear registration or misunderstandings. Therefore always keep track of your own hours and request insight in time.

This article has been reviewed by:

Sander (A.J.C.) Theunissen
Employment Lawyer (Counsel) - CLINT | Littler

Sander (A.J.C.) Theunissen has over fifteen years of experience and specializes in labor law and works council law. He has gained experience in labor law for the hospitality industry, among other areas.