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A zero-hours contract is an on-call contract in which the employee only works when you call them up. It offers flexibility, but since the Balanced Labour Market Act (WAB), strict on-call rules apply that make it less flexible.
What is a zero-hours contract?
With a zero-hours contract, you do not agree on a fixed number of hours: the employee only works when you call them up, and in principle, you only pay for the hours worked. It is useful when there is a highly fluctuating workload, but the employee has little security.
The WAB call-up rules
Since the WAB, strict rules apply to on-call contracts. You must call up the employee at least four days in advance; if you do so with shorter notice, they are not required to come. If you cancel a call within four days, the employee is still entitled to wages. (The time limits may vary per collective labor 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 annual average. If you fail to do so, he may still claim wages based on that average.
Pros and cons
The zero-hours contract offers flexibility, but the on-call and wage rules make it less non-committal than before. For predictable work, a contract with (a minimum of) fixed hours is often wiser. Weigh the flexibility against the obligations.
Frequently Asked Questions
Do I always have to pay an on-call worker?
You pay for the hours worked, but also if you cancel a call within four days and, after a year, possibly based on an average number of hours.
How long in advance do I need to call?
At least four days, unless the collective labour agreement stipulates otherwise. If you give notice with shorter notice, the employee is not required to come.
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.
Choosing the right flexible contract?
Our legal experts draft zero-hour contracts, on-call contracts , or minimum-maximum contracts that comply with the WAB. View our employment lawteam or schedule a free consultation.
