{"id":904,"date":"2020-03-18T17:39:18","date_gmt":"2020-03-18T16:39:18","guid":{"rendered":"https:\/\/vwg.nl\/uncategorized\/oproepkrachten-en-loondoorbetaling-in-verband-met-het-coronavirus\/"},"modified":"2026-03-03T10:33:44","modified_gmt":"2026-03-03T09:33:44","slug":"on-call-workers-and-continued-pay-in-connection-with-the-coronavirus","status":"publish","type":"post","link":"https:\/\/vwg.nl\/en\/oproepkrachten-en-loondoorbetaling-in-verband-met-het-coronavirus\/","title":{"rendered":"On-call workers and continued pay (in connection with the coronavirus)"},"content":{"rendered":"

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This note is also available pdf<\/a>-format.<\/p>\n

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It has now been announced that the scheme for reduced working hours is to be discontinued and replaced by the Emergency Employment Bridging Fund (NOW) scheme. Unlike the scheme for reduced working hours, the NOW does cover on-call workers. But how does this work in practice? Do you have to continue paying the on-call worker\u2019s wages, and how many hours must you cover?<\/p>\n

Should on-call staff continue to be paid?<\/h4>\n

One condition for receiving compensation for the on-call worker\u2019s wage costs is that the wages must continue to be paid. If, as an employer, you fail to do this, you will not be entitled to compensation for your on-call worker\u2019s wage costs.<\/p>\n

How many hours should be paid?<\/h4>\n

Put simply, the legal provision \u2013 which was in place even before the coronavirus \u2013 states that an on-call contract may be converted into a contract with fixed working hours if a fixed pattern of work emerges. This is referred to as the legal presumption regarding working hours or the scope of work. An on-call worker can invoke this right after just 3 months\u2019 employment (Section 7:610b of the Dutch Civil Code).<\/p>\n

In light of the above, it is therefore advisable to use the average number of hours worked over the last 3 months as the basis for continued payment of wages. If, for example due to seasonal factors, this does not represent a realistic figure, it is also possible to take the average number of hours over the last 6 or 12 months (this, in turn, follows from case law).<\/p>\n

The provision in the WAB stipulating that fixed hours must be offered to an on-call worker after 12 months\u2019 employment is, in principle, separate from the legislation referred to above. Therefore, if the on-call worker indicated in January that they did not wish to work fixed hours, the option to invoke the above legislation still remains.<\/p>\n

What is covered?<\/h4>\n

When submitting the application, the employer undertakes in advance not to apply for the redundancy of any of its employees on commercial grounds during the period for which the allowance is received;
\nThe employer expects a loss of turnover of at least 20%;
\nThe wage compensation applies for a period of 3 months, which may be extended once for a further 3 months (further conditions may apply to the extension);
\nThe scheme applies to falls in turnover from 1 March 2020;
\nThe amount of the wage cost subsidy depends on the fall in turnover, up to a maximum of 90% of the total wage bill. Below are some examples of how the relationship between the fall in turnover and the amount of the subsidy works out:<\/p>\n