What is an on-call contract? Explanation and use

What is an on-call contract? It is an employment contract in which the scope of work is not fixed, allowing you to call upon an employee when there is work available. It is the overarching category with two forms: the zero-hours contract, where no number of hours is fixed, and the min-max contract, where a minimum and a maximum number of hours are agreed upon. The most important rules are set out in Article 7:628a of the Dutch Civil Code. Below, you can read how it works, what protection the on-call worker has, and what you, as an employer, need to pay attention to.

The short answer

• An on-call contract has no fixed working hours; you call upon the employee when there is work (Article 7:628a of the Dutch Civil Code).
• There are two forms: the zero-hours contract and the minimum-maximum contract.
• You must give written notice at least four days in advance; otherwise, the employee is not required to come.
• If you cancel within those four days, the on-call worker is still entitled to wages for the call-out.
• After twelve months, you must make an offer for a fixed number of hours equal to the average.

What exactly is an on-call contract?

An on-call contract is an employment agreement in which the scope of work is not set as a fixed number of hours per week or month, or in which continued payment of wages during periods of inactivity is excluded. This makes it the overarching category for flexible deployment. The employee works only when the employer calls them up and, in principle, is only paid for the hours worked. Since the Balanced Labour Market Act, strict rules apply to protect on-call workers.

Employers use it primarily during periods of fluctuating workload, such as in the hospitality, retail, and healthcare sectors. It offers flexibility, but that flexibility is subject to limits. The rules of Article 7:628a of the Dutch Civil Code ensure that the employee does not remain permanently uncertain about hours and income.

The two forms: zero-hours and min-max

A zero-hours contract has no guaranteed hours. The employee has no right to work and is paid for what he actually works. During the first six months, the obligation to continue paying wages in the event of no work may be excluded (Article 7:628, paragraph 5 of the Dutch Civil Code), meaning that wages are only paid for hours worked. After that, exclusion is only possible if a collective labor agreement permits it.

The min-max contract guarantees a minimum number of hours and has a maximum. The employee is always entitled to wages for the guaranteed minimum hours, even if there is less work, and can be called upon up to the agreed maximum. Both forms fall under the concept of an on-call agreement and are subject to the same protective rules; the min-max variant offers the employee more security.

What protection does the on-call worker have?

The law grants on-call workers three important rights. First, the notice period: you must give written notice at least four days in advance; otherwise, the employee is not obliged to come (Article 7:628a, paragraph 2 of the Dutch Civil Code). A collective labour agreement can shorten this period to a minimum of one day (paragraph 4). Second: if you cancel a call within those four days or change the times, the employee retains the right to the wages for the original call (paragraph 3).

Thirdly, the obligation to offer: after twelve months, you must make the on-call worker an offer for a fixed amount of working hours equal to the average of the preceding twelve months (Article 7:628a, paragraphs 5 and 6 of the Dutch Civil Code). In addition, a right to a minimum of three hours' pay usually applies to a call-up, and the employee may invoke the legal presumption of working hours based on the average over three months (Article 7:610b of the Dutch Civil Code).

Practical example

A hospitality business hires an on-call worker on a zero-hours basis for busy weekends. After a year, it turns out the employee has worked an average of sixteen hours per week. The employer must then offer a permanent contract of sixteen hours. If he fails to do so, the employee can still claim wages for sixteen hours per week. By offering a minimum-maximum contract in a timely manner, the employer keeps costs under control and offers the worker greater security.

Honest recommendation

You do not always need a lawyer for a simple on-call contract. If you use a good, up-to-date model contract that correctly handles the notice period, the obligation to make an offer, and the wage components, you can hire an on-call worker perfectly well yourself. Do keep track of the twelve-month period, however, as the obligation to make an offer is most often forgotten in practice.

Seeking legal assistance is advisable as soon as the situation becomes more complex: if you are unsure whether to choose zero-hour contracts or minimum-maximum contracts, if a collective labour agreement with its own rules applies, if you have many on-call workers, or if a dispute arises regarding hours and wages. An incorrectly structured on-call contract can lead to wage claims for hours the employee did not work, and this outweighs the cost of sound advice.

Want to know more or need help? Check out our page on on-call contracts, read how to go drafting an on-call contract , or what it costs to have an on-call contract drawn up.

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