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A minimum-maximum contract offers you flexibility, but the rules are strict: the employee has guaranteed hours as well as the on-call rights under the Balanced Labour Market Act (WAB), such as a four-day notice period and, after one year, an offer for fixed hours.
What is a minimum-maximum contract?
A min-max contract is a flexible employment agreement with a guaranteed minimum number of hours and a maximum for which you can call upon the employee. This ensures the employee works at least a certain number of hours, while you can scale up if there is more work.
The WAB rules for on-call workers
A minimum-maximum contract is an on-call agreement and falls under the WAB rules. Important are the notice period of at least four days (if you give notice less than four days in advance, the employee is not required to come) and the right to wages if you cancel a call within four days. (The exact periods may vary per collective labour agreement; check your collective labour agreement.)
After twelve months: offer for fixed hours
If the employee has worked on an on-call basis for twelve months, you must offer him a fixed number of hours, based on the average of the past year. If you fail to do so, the employee may still claim wages based on that average.
Attention to the editors
The freedom of the min-max contract lies in its use, not in the text: the agreement must correctly incorporate the guaranteed hours, the on-call rules, and the collective labor agreement provisions. An incorrect contract leads to wage claims and fines.
Frequently Asked Questions
How many hours do I need to guarantee?
You determine that minimum yourself, but the employee is entitled to wages for those guaranteed hours, even if there is less work.
Do I have to offer fixed hours after a year?
Yes. After twelve months of on-call work, you must make an offer for a fixed number of hours based on the annual average.
What if I call or cancel too late?
If called up less than four days in advance, the employee is not required to come; if you cancel a call-up within four days, the employee is entitled to wages.
A minimum-maximum contract that makes sense?
Our legal experts draft a minimum-maximum employment contract that complies with the WAB, or an on-call contract. View our employment lawteam or schedule a free consultation.
