The hospitality industry often employs flexible hours staff such as dishwashers, cleaners and kitchen helpers. Called in during busy periods, such employees work less during quiet periods. This is allowed in the Netherlands, provided it is done within the statutory framework, the Collective Labor Agreement for the hotel, restaurant and café industry (Horeca-cao) and any arrangements made in the employment contract.
But what happens if an employee on a fixed-term employment contract is no longer called in, for example, because an assignment is cancelled or there is an employment dispute, even though the contract is still ongoing and there has been no formal termination?
Such a situation was the subject of a recent court case.1 The employer unexpectedly stopped offering work to a cleaner, even though his employment contract was still in force. The court held that what the employer may have seen as a practical solution was a case of wrongful termination of employment, which had financial consequences for the employer.
The situation
The employee was employed as a cleaner under a fixed-term employment contract. About two months before his contract was due to expire by operation of law, he was no longer called in to work. He understood this to be a summary dismissal and took his case to the Subdistrict Court, asking for his dismissal to be set aside and for the continued payment of his wages.
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