Since 1 January 2020, every on-call worker must receive a written offer from the employer to start working fixed hours after 12 months of employment. The fixed hours you must offer as an employer are calculated by using the average number of hours over the last 12 months. The on-call worker is then free to accept the fixed hours or not. On-call workers are often used to the freedom associated with flexible hours. If, as an on-call worker, you accept the offer of fixed hours, the employer may demand that you also come to work on fixed days and times. Often a reason for on-call workers not to accept a fixed offer.
Entry fixed hours
The aforementioned arrangement is now common knowledge. What was not yet clear was the date on which those fixed hours would then commence in case an on-call worker did accept the offer. This has now been clarified. As of 1 July, the fixed hours must start on the first day of the fifteenth month at the latest. Earlier is allowed, but not later.
Example
On 1 July, your on-call worker will have been employed for 12 months. As an employer, you must then make a written offer for fixed hours by 1 August. The employee must then respond to the offer again in writing within 1 month. If the employee does not do so, you may assume that the offer has not been accepted. In case the on-call worker does accept the offer, the fixed hours must start no later than 1 September 2021.
Each time after 12 months
However, the on-call worker who does not accept the offer of fixed hours should receive such an offer again after the following 12 months. In other words, an offer should be made at every 12-month period.
See also the bill of amendment SZW 2021 Collection Act.