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Simply ceasing to call upon an on-call worker does not terminate the contract. The employment agreement remains in effect, and a judge may interpret ceasing to call upon the worker as termination by the employer — resulting in continued payment of wages until the end of the contract. If you wish to part ways with an on-call worker, you must do so through a formal procedure: a dismissal procedure or a settlement agreement. Below, you can read how on-call contracts work and what the safe route is.
What types of on-call contracts are there?
There are three main forms of the on-call contract:
On-call contract with preliminary agreement
With a preliminary agreement , an employment contract only arises once the on-call worker responds to a call; the terms of the preliminary agreement then apply. Note the chain rule: in principle, permanent employment arises after three consecutive temporary contracts or after three years. Any call that results in work can count as a new contract in that chain.
Zero-hours contract
With a zero-hours contract, the employee has a contract for a fixed or indefinite period, but without an agreement regarding the number of hours. However, there is a legal presumption regarding the scope of employment: if someone has worked a certain average number of hours over a period of three months, they can claim that average as fixed working hours.
Minimum-maximum contract
With a minimum-maximum contract , you agree on a number of guaranteed hours plus a maximum. You must always pay for the guaranteed hours, even if you do not schedule the on-call worker.
What rules apply to the call-up itself?
Since the introduction of the on-call rules, protective conditions apply to on-call workers:
- Notice period: in principle, you must notify the on-call worker at least four days in advance. If you notify them later, the employee is not obliged to respond.
- Cancellation: if you cancel a call within those four days, the on-call worker retains the right to wages for the originally called-up hours.
- Offer of fixed hours: after twelve months, you must make the on-call worker an offer for a fixed number of hours, based on the average of the previous year.
A collective labour agreement may contain differing rules on certain points; check whether a collective labour agreement applies to your company.
Why “stop calling up” is a costly pitfall
Many employers believe they are rid of an on-call worker simply by no longer scheduling them. That is incorrect: the contract remains in effect. A subdistrict court judge ruled that an employer who no longer called upon a dysfunctional on-call worker had effectively terminated the employment contract —without following the applicable dismissal rules. The consequence: an obligation to continue paying wages until the end of the contract.
What is the right way to say goodbye?
If you wish to terminate the employment relationship with an on-call worker, choose a formal route:
- Allowing a fixed-term contract to expire: the agreement terminates automatically on the end date. Do not forget the notice period for contracts of six months or longer.
- Settlement agreement: a settlement agreement is often the safest solution. You terminate the employment by mutual consent, legally correctly and without surprises.
- Formal dismissal procedure: for an indefinite contract, you initiate a dismissal procedure via the UWV or the sub-district court if necessary, depending on the grounds for dismissal.
Frequently asked questions about on-call contracts
Am I allowed to refuse an on-call worker if he doesn't show up?
Please note that the on-call worker must in principle respond to a correctly and timely call, but may refuse a call made too late (within four days). Structural non-appearance may be grounds for termination, but this also follows the formal procedure — not by unilaterally ceasing to make calls.
When does an on-call worker automatically become permanent?
Due to the chain rule (after three contracts or three years) and the legal presumption regarding the scope of employment, an on-call worker may be entitled to a permanent contract or fixed hours. Therefore, keep careful records of the number of contracts and the hours worked.
Do I have to continue paying for guaranteed hours if there is no work?
With a minimum-maximum contract, you do: you always pay for the agreed guaranteed hours, even without being called in. That is precisely the difference compared to a zero-hours contract.
Assistance with on-call contracts and dismissal
Do you want to be sure that you terminate an on-call worker legally and correctly — or that your on-call contracts are properly structured? The legal experts at MKB Juristen specialize in employment law and assist with employment and settlement agreements and dismissal procedures. Schedule a no-obligation intake and avoid a costly mistake.
