If you employ on-call staff (zero-hours or min-max contracts), there is a possibility that, from next January, you will no longer be able to use this flexible method of calling in staff for those on-call workers who are already employed by you.
WAB
The Balanced Labour Market Act (WAB), which will come into force on 1 January 2020, contains a package of various new measures. One significant and far-reaching change concerns on-call workers.
On-call staff
From 1 January next year, as an employer, you will be obliged to offer fixed hours to on-call staff who have been in your employ for 12 months or more. You must then make an offer to the on-call worker, in writing or electronically (for example, by email), for fixed hours based on the average number of hours worked over the past 12 months.
Example:
A zero-hours contract has been agreed with an employee on two occasions, both times for a period of 12 months. The most recent contract ends on 1 September 2020. On 1 January 2020, as an employer, you must make a written offer to this on-call worker to work fixed hours. After all, the on-call worker will already have been in service for more than 12 months by 1 January 2020. The offer must be made before 1 February 2020 (transitional law). Suppose the on-call worker worked an average of 10 hours per week in 2019; in that case, you are obliged to offer these hours on a fixed basis..
This is a case of an obligation to offer work; in other words, the on-call worker is entitled to refuse the offer. It may also be disadvantageous for on-call workers to accept fixed hours. This is because they may then be obliged to work on fixed days and at fixed times. If the on-call worker refuses the offer, this must still be confirmed in writing (for example, by email). As an employer, you remain obliged to make this offer every 12 months.
Support
On-call workers will therefore not lose their jobs as a result of the new measures in 2020, but they will gain more rights in the event of long-term employment. VWG Payroll Administration We can, of course, assist you in identifying the on-call staff covered by this scheme, in calculating the average number of hours, and in drafting the (template) letter setting out the offer.
Tips
General
When hiring on-call staff, please bear in mind the above-mentioned legislative change, as well as when considering whether to extend a contract with an on-call worker. In certain circumstances, for example, it may be advisable to enter into an employment contract with an on-call worker for a total of only 11 months. Furthermore, it may be advisable not to extend an on-call worker’s contract in order to maintain flexibility.
Hospitality
Under the current collective labour agreement for the hospitality sector, in addition to the above, employers must also offer on-call staff at least 156 hours’ work per 52-week period. Make sure you record this offer in writing (for example, by email) so that you can demonstrate at any time that you have met this requirement.
Current law
Finally, it is important to note that this legislative amendment stems in part from existing legislation. The law already provides, for the protection of on-call workers, that if an on-call worker has been called in more or less systematically and regularly for more than three months, they may in that case take the view that the average number of hours worked over the past three months has become their fixed working hours (Section 7:610b of the Dutch Civil Code). So do actually treat an on-call worker as an on-call worker! This means deploying them during peak periods, to cover for sick leave, during holiday periods, and so on.