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What is a min-max employment contract? It is an employment agreement with a guaranteed minimum number of hours and an agreed maximum, whereby the employer can call upon the employee for hours exceeding the minimum up to that maximum. The employee is always paid for the minimum hours, even without being called upon, and additionally for the hours actually called upon up to the maximum. Because the scope of work is not fixed, the min-max contract qualifies as an on-call agreement within the meaning of the Balanced Labour Market Act (Article 7:628a of the Dutch Civil Code). Consequently, special rules apply regarding the notice period, the legal presumption regarding the scope of work, and the offer of fixed hours.
The short answer
- Core: a minimum guaranteed hours plus a maximum for which the employee is on call.
- Classification: an on-call contract (Art. 7:628a BW), because the scope of work is not fixed.
- Notice period: the employer must give notice at least four days in advance (Art. 7:628a paragraph 2 BW).
- Legal presumption: after three months, the scope of work is presumed to be equal to the average of that period (Art. 7:610b BW).
- Fixed offer: after twelve months, the employer must make an offer for fixed hours (Art. 7:628a, paragraph 5 of the Dutch Civil Code).
- Costs: the high unemployment insurance premium applies to on-call contracts.
What is a minimum-maximum employment contract in practice?
With a minimum-maximum contract, the employer and employee agree on a range. An example is a contract of a minimum of 16 and a maximum of 32 hours per week. The 16 hours are guaranteed: they are paid, even if there is no work. The hours above that, up to 32 hours, are allocated via on-call work as needed. This way, the employer maintains flexibility during peak periods, and the employee has a basic income.
The minimum-maximum contract is popular in sectors with fluctuating workloads, such as hospitality, retail, and healthcare. It combines security with flexibility, but due to the Wab, that flexibility has been subject to strict rules since 2020. The employer cannot call up or cancel without restriction, and over time, the contract shifts towards greater stability for the employee.
The call-up rules and the cancellation period
The most important protection for on-call workers is found in Article 7:628a of the Dutch Civil Code. These rules determine how and when the employer may call up the worker.
- Notice period of four days. The employer must notify the employee in writing or electronically at least four days in advance. If this is not done, the employee is not required to respond (Art. 7:628a paragraph 2 of the Dutch Civil Code).
- Cancellation within four days. If the employer withdraws a call-up within those four days or changes the times, the employee retains the right to wages for the originally called-up hours (Art. 7:628a paragraph 3 of the Dutch Civil Code).
- Reduction under a collective labor agreement. A collective labor agreement can shorten the four-day period to a minimum of 24 hours.
- At least three hours per call. Upon a call, the employee is entitled to at least three hours' pay, even if the work lasts less, when the workload is less than 15 hours per week or the times are not fixed (Art. 7:628a paragraph 1 BW).
These rules prevent an employee from being permanently on standby without job security. The employer must therefore finalize their schedule four days in advance, or bear the risk that cancelled hours still have to be paid.
The legal presumption of the scope of employment
An employee who consistently works more than their minimum wage may invoke the legal presumption of Article 7:610b of the Dutch Civil Code. If the employment contract has lasted at least three months, the agreed scope of work is presumed to be equal to the average number of hours over the last three months.
If someone working a minimum of 16 hours actually averages 30 hours for three months, they can demand that their contract be increased to 30 hours. The employer can rebut this presumption, for example by demonstrating that the busy period was exceptional, but the burden of proof then lies with the employer. This legal presumption is mandatory law and protects against a minimum-maximum contract that has effectively become a full-time job without the associated security.
The offer for fixed hours after twelve months
The Wab added another obligation. Pursuant to Article 7:628a, paragraph 5 of the Dutch Civil Code, the employer must make a written offer to the on-call worker for a fixed scope of working hours after twelve months. That scope must be at least equal to the average number of hours over the preceding twelve months.
- The offer must be made within one month after the end of those twelve months.
- If the employer does not make the offer, the employee is still entitled to wages for that average number of hours.
- The employee may refuse the offer and remain an on-call worker; the obligation to make it will thereafter recur every twelve months.
Thus, the law mandates that a long-term on-call relationship be converted into a contract with fixed, predictable hours over time, unless the employee opts for flexibility themselves.
Practical example
A sandwich shop hires an employee on a minimum-maximum contract of 12 and 30 hours. During the summer months, the owner consistently calls the employee in for 28 hours per week. After three months, the employee invokes the legal presumption and requests a contract averaging 28 hours. The owner is able to demonstrate that this was a seasonal peak and that hours decline in the autumn, thereby rebutting the presumption for that specific period. However, after twelve months, he is required to make the employee an offer for the average annual hours.
Honest recommendation
For a simple situation with a clear range and a good template that follows the Wab rules, you do not need a lawyer to draft a min-max contract. Ensure that the minimum and maximum hours, the notice period, and wage continuation are correctly stated in the contract, and adhere to the four-day notice period and the offer after twelve months. However, do engage a lawyer if you work with many on-call workers, if a collective labour agreement applies that contains deviating notice periods or wage continuation rules, or if an employee invokes the legal presumption. A min-max contract that does not comply with the Wab often leads to back payment of hours and a higher unemployment insurance premium, and that cost outweighs the effort to arrange it properly in advance.
Read more: drafting a minimum-maximum employment contract and having a minimum-maximum employment contract drafted. Want to have it arranged immediately? Go to minimum-maximum employment contract.
Frequently Asked Questions
It is an employment contract with a guaranteed minimum number of hours and an agreed maximum, for which the employee is available to be called upon. The minimum hours are always paid; hours exceeding that are only paid if the employee is called upon. Because the scope of work is not fixed, it qualifies as an on-call contract (Article 7:628a of the Dutch Civil Code).
At least four days in advance, in writing or electronically (Art. 7:628a, paragraph 2 of the Dutch Civil Code). If you call up the employee later, the employee is not obliged to respond. If you cancel a call-up within four days or change the times, the employee retains the right to wages for the hours called up. A collective labour agreement may shorten the period to 24 hours.
After three months, the scope of employment is presumed to be equal to the average number of hours over that period (Art. 7:610b BW). If someone consistently works more than the minimum, he may claim that the contract be increased to that average. The employer may rebut the presumption, but then bears the burden of proof.
Yes. After twelve months, the employer must make a written offer to the on-call worker within one month for fixed working hours equal to the average of the past year (Article 7:628a, paragraph 5 of the Dutch Civil Code). If you fail to do so, the employee is still entitled to wages based on that average. The employee may refuse the offer.
Yes, in certain cases. If the workload is less than 15 hours per week or the times are not fixed, the employee is entitled to at least three hours' pay per call, even if the work is shorter (Art. 7:628a, paragraph 1, of the Dutch Civil Code). This prevents someone from being called upon for a short job without reasonable compensation.
The high unemployment insurance premium. The low premium applies only to a written employment contract for an indefinite period that is not an on-call contract. Because a minimum-maximum contract qualifies as an on-call contract, it falls under the high premium. This makes an on-call worker more expensive per hour worked than an employee with fixed hours.
With a zero-hours contract, there is no guaranteed minimum: the employee is only paid for hours called in. With a minimum-maximum contract, there is a guaranteed minimum plus a maximum. Both are on-call agreements and fall under the same WAB rules, but the minimum-maximum contract provides the employee with a basic income.
