An employee of the IJmuiden branch had taken the supermarket chain to court to get the return wages. The branch is open daily until 10:00 p.m. According to Vomar’s personnel guidelines, personnel may only leave the building together for safety reasons. “After it is closed, nobody leaves the store until all work on the till has been completed. Leaving the branch never happens alone, but in shifts, ”says the personnel handbook.
After an initial complaint, the Vomar had worked five hours. The employee applied to the district court in Alkmaar for full reimbursement for the period 2015-2018. Vomar’s lawyer stated that waiting involves no work so no consideration is required.
The judge rejected this argument. “Although there is a waiting period, it is on Vomar’s behalf,” said the judge. The waiting time therefore counts as work, as the employee must remain available for Vomar during this time. The judge granted the employee a return of € 305.