According to a recent decision of the Rotterdam District Court in interim relief proceedings, even though an on-call contract can be flexible, employers have to be aware of the rules that protect employees. In this ASAP we summarize the rules on on-call contracts and discuss the implications of the recent decision.
On-call contracts
An on-call contract is a special form of employment contract in which the number of working hours is not predetermined and employees are not entitled to wages if they are not called on. The purpose of on-call contracts is to give employers flexibility and reduce their employment costs burden by enabling them to adjust to fluctuations in workload, for example due to sickness or seasonal work. After 12 months, the employer must offer the on-call employee a fixed number of working hours equal to the average number of hours worked in the previous 12 months.
Presumption of working hours
In addition to this obligation to offer fixed hours, Dutch employment law includes a statutory presumption of working hours. This means that once an employee has been employed for at least three months, their working hours are presumed to be equal to the average number of hours worked per month during the previous three months. This rule is designed to protect employees from continued uncertainty about the extent of their employment.
Supreme Court
The Supreme Court of the Netherlands recently ruled that both rules may coexist. Even if an employee refuses an offer of...
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