Drafting a minimum-maximum employment contract: this is what belongs in it

Drafting a minimum-maximum employment contract involves establishing the range of hours, the rules for calling in and cancelling absences, and the continued payment of wages in such a way that the contract complies with the Balanced Labour Market Act (Art. 7:628a BW). It involves more than just entering a minimum and a maximum: you must also properly regulate the notice period, the legal presumption, and the obligation to offer fixed hours after one year. A contract that misses these points often leads to back payment of hours. Below is an overview of exactly what belongs in a minimum-maximum contract.

The short answer

1. Bandwidth: the guaranteed minimum and maximum number of hours.
2. Call-up rules: the four-day period and the cancellation policy (Art. 7:628a paragraphs 2 and 3 of the Dutch Civil Code).
3. Continued payment of wages: the minimum is always paid; rule whether the exclusion of continued payment of wages applies.
4. Legal presumption: take into account Art. 7:610b of the Dutch Civil Code regarding structurally more work.
5. Fixed offer: the obligation to offer fixed hours after twelve months (Art. 7:628a, paragraph 5 of the Dutch Civil Code).
6. Standard provisions: position, salary, probationary period, duration and applicable collective labour agreement.

Drafting a minimum-maximum employment contract starts with the range

The first thing that must be clear is the range. Establish a concrete minimum and maximum, for example, a minimum of 16 and a maximum of 32 hours per week. The minimum is the number of hours the employee receives and is paid for regardless of whether there is work. The maximum limits how many hours the employer may call upon without separate permission.

Keep the bandwidth realistic. A large difference between the minimum and maximum offers a lot of flexibility, but increases the likelihood that the employee will consistently work close to the maximum and successfully invoke the legal presumption. An excessively wide margin can therefore lead to the contract effectively being adjusted upwards. Choose a bandwidth that suits the actual need.

Call-up and cancellation rules

The Wab rules regarding call-ups are mandatory law and must be explicitly included in the contract, so that both parties know where they stand.

• Notice period. The employer shall give written or electronic notice of notice at least four days in advance (Art. 7:628a, paragraph 2 of the Dutch Civil Code). In the event of a later notice, the employee is not required to attend.
• Cancellation policy. If a call-up is withdrawn or modified within four days, the employee retains the right to wages for the hours called up (Art. 7:628a paragraph 3 of the Dutch Civil Code).
• Labour Agreement (CLA) term. If a CLA applies that shortens the term to 24 hours, adopt that.
• A minimum of three hours. For a workload of less than 15 hours per week or unclear times, at least three hours' pay applies per call (Art. 7:628a paragraph 1 BW).

By including these rules in the contract, you prevent disputes afterwards and make it clear that your schedule must be finalized on time.

Continued payment of wages and the legal presumption

The minimum-maximum contract has two layers. There is always a right to wages for the minimum hours, even if there is no work. For the hours above the minimum, the general rule applies that no work yields no pay, unless the non-work is attributable to the employer (Art. 7:628 BW).

• Exclusion of continued payment of wages. For the first six months, the obligation to continue paying wages for flexible hours may be excluded. This can only be extended by collective labour agreement and only for positions involving incidental work without a fixed scope.
• Legal presumption (Art. 7:610b BW). If, after three months, the employee consistently works more than the minimum, he may claim that the contract be increased to the average. Take this into account when scheduling hours.
• Offer after twelve months (Art. 7:628a, paragraph 5 of the Dutch Civil Code). Include a reference to the obligation to make an offer for fixed hours after one year, equal to the annual average.

Standard clauses that must not be missing

In addition to the call-out-specific components, a minimum-maximum contract contains the same building blocks as any employment contract.

• Position and duties. A clear description of the position.
• Wages. The hourly wage, the payment term, and the holiday allowance.
• Duration and probationary period. Fixed-term or indefinite term, with a legally valid probationary period where permitted.
• Collective Labour Agreement and pension. State the applicable collective labour agreement and any pension scheme.
• Unemployment insurance premium. Please note that the higher unemployment insurance premium applies to on-call contracts.

Practical example

A shopkeeper draws up a minimum-maximum contract for a sales assistant of at least 8 and a maximum of 24 hours. He forgets to include the cancellation policy and cancels a scheduled shift a day in advance because it is quiet. The employee successfully claims wages for those hours, because Article 7:628a paragraph 3 of the Dutch Civil Code stipulates that a call-up withdrawn within four days must still be paid. After this lesson, the shopkeeper amends the contract and from then on schedules his call-ups at least four days in advance.

Honest recommendation

For a single minimum-maximum contract with a clear range and an up-to-date template that follows the Wab rules, you can draft the contract yourself; a lawyer is not strictly necessary in this case. Pay particular attention to the range, the rules regarding on-call and cancellations, and the continued payment of wages. However, have it checked or drafted if a collective labour agreement with deviating terms applies, if you employ many on-call workers, or if an employee invokes the legal presumption or the offer of fixed hours. A contract that is incorrect on these points often leads to back payment of hours and an unintended increase in the scope of work, and it takes more than enough effort to get it right from the start.

Read more: what is a minimum-maximum employment contract and having a minimum-maximum employment contract drawn up. Want to have it arranged immediately? Go to minimum-maximum employment contract.

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