No basic contract for students and pupils

The new standard contract does not have to be applied to students and school pupils. Minister Van Gennip writes this in answers on parliamentary questions.

Basic contract

In the labour market policy plans (see also our article End of flexible labour market?) the on-call contract will be replaced by a new type of basic contract. Such a contract must specify a minimum working hours requirement – which must not be zero hours – for a maximum period of one quarter. Employees who consistently work in excess of their minimum working hours may invoke the legal presumption regarding working hours (Article 7:610b of the Dutch Civil Code). The obligation to offer a fixed number of working hours after 12 months will also apply to the basic contract (under a collective agreement, it will be possible to deviate from this obligation for specific seasonal roles).

University and secondary school students

As studying, rather than work, is the main activity for students and school pupils, and as the transition to the labour market via a part-time job should not be made more difficult, part-time jobs are excluded from the basic contract. Students and school pupils who work a maximum of 16 hours per week on average over the course of the year (in which case it is considered a part-time job) may, subject to certain conditions, continue to work under the current on-call contract.

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