Of course you do. You absolutely have rights to sick pay on a zero-hours contract in the Netherlands, but it isn’t always a given. The fundamental rule is quite simple: if you were scheduled for a shift and you fall ill, your employer is legally required to pay you. This is the bedrock of your protection when you’re sick on a zero-hours contract.
Your Rights to Sick Pay on a Zero-Hours Contract
Trying to figure out sick pay on a zero-hours contract can feel like walking a tightrope. One week you might be flat out with shifts, the next, your calendar is empty. That kind of unpredictability is exactly why understanding your rights is so critical for your financial stability.
The core principle under Dutch law is known as the ‘continued wage payment during sickness’. What this means is that your employment agreement, flexible as it may be, still provides a safety net. If you’ve been called in to work and you have to report sick—either before or during that shift—your employer must pay your wages for those hours.
When Are You Entitled to Pay?
The most straightforward case is when you’re already on the rota. Say you were scheduled for an eight-hour shift on Friday but you wake up with a nasty flu. In that situation, you are entitled to be paid for that day’s work. Simple as that.
Things get a little more complicated, however, when you fall ill on a day you weren’t scheduled to work. This is where many workers think their rights just stop, but that’s not always the case.
A common misconception is that no scheduled shift means no sick pay rights. While that’s true at the very beginning, the picture changes significantly once you’ve been working for the same employer for a little while and a clear work pattern has emerged.
The Three-Month Rule: A Game Changer
Once you’ve worked for an employer for three consecutive months, a powerful legal protection kicks in. This is often called the ‘legal presumption of employment duration’. Think of it as your work history creating an unwritten, but legally recognised, agreement.
This rule establishes an average number of hours you typically work, and that average becomes the new baseline for calculating your sick pay. It applies even if you weren’t officially scheduled to work on the day you fell ill. For on-call workers in the Netherlands, this is a crucial piece of protection. The law states that if an on-call worker is ill, the employer must continue to pay at least 70% of their wages for the presumed hours, and this amount can’t drop below the legal minimum wage.
This is what transforms your contract from a simple pay-per-shift arrangement into one with more predictable sick pay benefits over time. For a deeper look into the general sick leave obligations for all employees, our detailed guide on https://lawandmore.eu/blog/sick-leave-netherlands/ provides essential context. We’ll get into exactly how to calculate this average in the sections to come.
Understanding Your Zero-Hours Contract
Before we can get into your rights when you fall ill, we first need to get to grips with the contract itself. The Dutch call it a nulurencontract, and it’s a very specific kind of on-call employment agreement designed around flexibility—for both you and your employer.
A good way to think about it is like being a substitute player on a sports team. You’re officially on the roster, ready to go. But you only get called onto the pitch, and get paid for your time, when the coach actually needs you for a match.
This simple analogy captures the core idea perfectly: your employer isn’t obligated to guarantee you a set number of hours each week or month. And on your end, you generally have a duty to show up for work when they call, as long as the request is reasonable.
The Basic Structure of a Nulurencontract
The contract’s defining trait is that it doesn’t specify a fixed number of working hours. This setup offers maximum flexibility, which can be a real advantage in sectors like hospitality or event management where customer demand can swing wildly from one day to the next.
Of course, this flexibility comes at the cost of certainty for the worker. That’s precisely why Dutch law has put specific protections in place to strike a fairer balance and prevent potential exploitation.
The most crucial thing to understand about a zero-hours contract is that you are an employee with a proper employment contract, not a freelancer. This distinction is everything, because it means you have fundamental employee rights, including the right to sick pay under certain conditions.
Key Protections You Need to Know
Even though you don’t have guaranteed hours, you are far from powerless. The law has changed over the years to provide several important safeguards that curb an employer’s total flexibility and give you a bit more stability.
Getting familiar with these protections is the first step in standing up for yourself, especially when you’re too unwell to work.
- Minimum Call-Up Notice: Your employer has to let you know about a work shift at least four days in advance. If they ring you up with less notice than that, you are not legally required to take the shift.
- Cancellation Pay: It works both ways. If an employer cancels a shift they’ve already scheduled, they must also give you at least four days’ notice. If they cancel with less than four days to go, you are still entitled to be paid for the hours you were scheduled to work.
These rules give you a degree of predictability for both your schedule and your income, stopping last-minute cancellations from leaving you high and dry. For a deeper dive, you can learn more about the ins and outs of the zero-hours contract in our dedicated guide.
Zero-Hours vs Min-Max Contracts
It’s also important not to confuse a zero-hours contract with a min-max contract. They might both seem like on-call work, but they function quite differently.
A min-max contract spells out a minimum number of guaranteed hours you’ll be paid for (the “min”) and a maximum number of hours your employer can ask you to work (the “max”). This gives you a baseline income that a pure zero-hours contract doesn’t offer. Knowing exactly which type of contract you have is vital, as it directly affects your rights and what you can expect, particularly when calculating sick pay.
Calculating Your Sick Pay Step by Step
Understanding your right to sick pay is one thing; knowing exactly how it’s calculated is another. This is where you can truly protect your income. For zero-hours contracts, the process unfolds in two distinct phases, and it all hinges on how long you’ve been working for your employer.
Initially, the calculation is incredibly straightforward. After a few months, however, it becomes a bit more involved but offers you far greater protection. Let’s walk through each phase so you know what to expect and can check your payslip with confidence.
Phase One: The First Three Months
When you first start a job on a zero-hours contract, your sick pay is tied directly to your scheduled shifts. It’s a simple “if-then” scenario.
If you’re scheduled to work and you report sick, then you are entitled to be paid for those exact hours. For example, if you were rostered for a six-hour shift on a Tuesday and couldn’t make it due to illness, you would receive sick pay for those six hours.
The flip side is just as direct. If you fall ill on a day when you had no work scheduled, you unfortunately aren’t entitled to any pay. During this initial period, your pay is based only on concrete, scheduled shifts because no work pattern has been legally established yet.
Phase Two: After Three Months of Work
Everything changes once you cross that three-month mark with the same employer. At this point, Dutch law introduces a vital concept: the Legal Presumption of Employment Duration (rechtsvermoeden van de arbeidsomvang).
This legal principle is a game-changer. It essentially says that after three months of consistent work, your unpredictable schedule has actually formed a predictable pattern. Your work history now creates a legally binding, though unwritten, agreement on a minimum number of hours.
This legal presumption means your employer can no longer claim you had “zero hours” scheduled. Instead, they must look back at your recent work history to determine a fair average. This average becomes the basis for your sick pay and is your most powerful tool for securing income when you’re unwell.
This average becomes the minimum number of hours you are entitled to be paid for each week you are sick, regardless of whether you were officially on the rota.
How to Calculate Your Average Hours
So, how does this actually work in practice? The rule is simple: your employer must calculate the average number of hours you worked per week over the preceding three months (or 13 weeks). That average becomes your new baseline.
Let’s look at a clear example to make this tangible.
Step-by-Step Calculation Example
Imagine you’ve been working at a café on a zero-hours contract for four months. You get the flu and need to take a full week off. Here is how your sick pay should be calculated:
- Look Back Three Months: Your employer needs to pull your timesheets from the last 13 weeks.
- Add Up All Hours Worked: Let’s say that over those 13 weeks, you worked a total of 260 hours. Some weeks were busy (30 hours), while others were quiet (10 hours).
- Calculate the Weekly Average: Next, they divide the total hours by the number of weeks.
- 260 hours / 13 weeks = 20 hours per week
This 20-hour average is now your legally presumed weekly work duration.
- Determine Your Sick Pay: For the week you are off sick, you are entitled to pay based on this 20-hour average. Under Dutch law, this must be at least 70% of your normal wage. Crucially, this amount cannot fall below the legal minimum wage. If 70% of your pay for 20 hours is less than the minimum wage for those 20 hours, your employer must top it up.
This calculation provides a vital safety net. It prevents an employer from simply not scheduling you after you report sick and then claiming you are owed nothing. Your established work pattern speaks for itself, ensuring your income doesn’t vanish when you need it most.
The Real-World Impact of Sickness on Zero-Hours Work
Knowing the legal rules around sick pay is one thing, but it’s only half the story. The real challenge comes from the day-to-day reality of trying to manage your health and finances on a contract built on unpredictability. Getting sick on a zero-hours contract isn’t just a legal puzzle; it’s a direct threat to your financial stability.
For a salaried employee, a week off with the flu is an inconvenience. For someone on a zero-hours contract, it can quickly become a significant financial crisis. The straight line between hours worked and money earned means any unplanned absence hits your bottom line immediately. That creates a huge amount of stress, which certainly doesn’t help you recover.
This financial pressure forces a difficult choice: do you work while you’re unwell, possibly making things worse, or do you stay home and watch your next paycheque shrink dramatically? This is the precarious situation that makes knowing your rights not just a nice-to-have, but a crucial tool for survival.
The High Stakes of Seasonal Illness
This risk isn’t small, especially at certain times of the year. The Netherlands, like many countries, sees sharp peaks in illness, particularly during the winter flu season. When sickness rates climb, the vulnerability of those on flexible contracts is thrown into sharp relief.
Recent data shows just how widespread this can be. In January of recent years, occupational health services saw sickness reports surge, with roughly 85 out of every 1,000 workers calling in sick. That rate was on par with the highest levels seen during the pandemic, driven mostly by intense flu seasons. While the average sick leave was about seven days, for someone without guaranteed hours, that single week represents a massive financial hit. You can read more about how seasonal illness impacts the workforce on iamexpat.nl.
This is precisely why legal protections like the three-month average rule are so important. They exist to create a buffer against this exact scenario.
When a widespread illness like the flu sweeps through the country, workers on zero-hours contracts are among the most exposed. Their income isn’t just threatened by their own health, but by the general public health situation, making financial planning feel almost impossible.
More Than Just Lost Wages
The impact of getting sick goes far beyond the immediate loss of income. It creates a ripple effect that touches every part of your life, from your mental well-being to your relationship with your employer.
Think about these knock-on effects:
- Intense Financial Anxiety: Worrying about how you’ll pay rent or buy groceries while you’re trying to recover adds a significant layer of stress.
- Fear of “Disappearing”: Many workers worry that if they’re unavailable due to illness, their employer will simply stop offering them shifts in the future, even if that’s legally questionable.
- Difficulty Proving Your Case: If you haven’t been meticulously tracking your hours, it can be a real challenge to advocate for yourself when you need to claim sick pay based on your three-month average.
Ultimately, this constant uncertainty can take a heavy toll. Understanding your rights is your primary defence. It allows you to move from a position of anxiety to one of empowerment, ensuring you can claim the support you are legally entitled to when you fall ill.
Navigating Long-Term Sickness and Mental Health
When what you thought was just a few days of flu stretches into weeks, or even months, the game changes. For anyone on a zero-hours contract, a long-term absence introduces a whole new layer of complexity, especially when it comes to mental health, burnout, or stress.
And these are not small issues in the Dutch workforce. Mental health challenges are a huge driver of long-term sick leave, piling immense pressure on employees who often feel they need to get back to work long before they’re actually ready. Knowing your rights is your best defence—for both your health and your financial stability.
Your Right to Continued Pay for Two Years
Dutch law is surprisingly robust here. All employees, and that absolutely includes you on a zero-hours contract, have a powerful right to continued pay during sickness for up to 104 weeks. That’s two full years.
During this time, your employer is legally required to pay you at least 70% of your wages. This figure is calculated based on the average hours you worked in the three months just before you got sick, which is why that average is so important. It sets the baseline for the income you’re entitled to while you recover.
The two-year sickness benefit is a cornerstone of Dutch employment law. It’s designed to give you the financial breathing room to focus on getting better, without the immediate fear of your income vanishing. This protection fully extends to zero-hours contract workers.
But this long-term support isn’t just about getting paid. It’s tied to a structured process of recovery and reintegration, where both you and your employer have clear responsibilities.
The Employer’s Duty in Your Reintegration
Your employer can’t just pay you and forget about you. The law, specifically the Wet verbetering poortwachter (Gatekeeper Improvement Act), makes them an active partner in your recovery. They have a legal duty to help you get back to work, following a structured process designed to stop long-term illness from turning into long-term unemployment.
This reintegration process involves a few key steps:
- Creating a Plan of Action (Plan van Aanpak): Within eight weeks of you reporting sick, you and your employer must sit down and create a formal plan. This document outlines the exact steps you’ll both take to help you return.
- Appointing a Case Manager: Your employer has to assign a specific person to oversee the process and act as your main point of contact.
- Exploring Suitable Work: If you can’t go back to your old job, your employer must actively look for other suitable work within the company that fits what you’re capable of doing.
For someone on a zero-hours contract, “suitable work” might feel a bit abstract, especially if your pre-sickness average was low. But the legal duty stands. Your employer must be able to demonstrate they’ve made a genuine effort.
The Unique Challenges of Mental Health
Issues like burnout and severe stress are a different beast altogether, often leading to very long absences. This is a massive issue in the Netherlands. Back in 2019, mental illnesses were responsible for a staggering 42% of all sick leave days in the country. The average time off for a stress-related illness was about 202 days—that’s nearly seven months. For a zero-hours worker with an already unstable income, an absence that long can be financially devastating. You can read more about these mental health and sick leave findings on pmc.ncbi.nlm.nih.gov.
Because mental illness isn’t always visible, it can sometimes create friction with an employer. This is why clear communication is so vital, especially with the company doctor (bedrijfsarts). They play an impartial role in assessing your fitness for work. You never have to share the specific details of your condition with your manager, but you do need to cooperate with the company doctor.
Getting through a long-term sickness on a zero-hours contract demands that you stay organised. Keep meticulous records of your hours, communicate clearly, and remember that the law provides a solid framework to support you over the long haul.
What to Do When You Fall Sick
Knowing your rights is one thing, but actually taking the right steps when you’re unwell is what gets you paid. When sickness hits on a zero-hours contract, following a clear process can make all the difference. Think of this as your practical playbook for putting your legal knowledge into action and securing the sick pay you’re entitled to.
The very moment you know you’re too sick to work, your first job is to let your employer know. Don’t put it off; clear and prompt communication is a fundamental part of your obligations as an employee.
Step 1: Immediately Notify Your Employer
Make sure you follow your employer’s official procedure for reporting sickness to the letter. This might be a specific manager you need to call or an email you have to send before a certain time of day. If there’s no formal process, tell your direct supervisor in writing—an email or even a text message works—so you have a time-stamped record.
This immediate notification is absolutely crucial. It ticks the box on your legal duty and stops your employer from claiming you were a “no-show”. For a broader look at your responsibilities when ill, it’s worth understanding the general employee obligations during illness, as these apply even on flexible contracts.
Step 2: Document Everything
From the moment you report sick, start keeping a personal log. Good records will be your best defence if a disagreement pops up later.
- Log all communication: Write down the date, time, and who you spoke to when you called in sick. Keep a copy of every email or text you send and receive.
- Track your shifts: Keep your own detailed record of all the shifts you were scheduled for and every hour you actually worked. This is vital evidence for calculating your three-month average.
- Save every payslip: Always hold on to your payslips. They are the official proof of your earnings and are indispensable for any sick pay calculations.
Step 3: Scrutinise Your Payslip
When your next payslip lands, go over it with a fine-tooth comb. Look for a line item for sick pay (often labelled ziektegeld). If it’s not there, or if the amount seems wrong, don’t just let it slide. Check the amount paid against what you expected based on your scheduled shifts or, if it applies, the average hours you worked over the last three months.
Your payslip is more than a simple summary of what you’ve earned; it’s a legal document. Treating it with care ensures your employer is correctly applying the law for sickness on a zero-hours contract and paying you what you’re owed.
Step 4: Challenge Incorrect Payments
If you’re confident your sick pay has been miscalculated—or denied completely—it’s time to take action. The first move is to send a formal, written message to your employer or their HR department.
In your message, politely explain your concern. Point to the specific rule you believe they’ve missed, like the legal presumption of an employment contract based on your average hours over the previous three months. Clearly lay out your own calculation and ask them to explain theirs.
Step 5: Get External Help
If your employer doesn’t respond or continues to refuse to pay you correctly, it’s time to look for outside support. You don’t have to handle this alone, and there are excellent resources available to help you.
Consider getting in touch with one of these organisations for advice:
- Het Juridisch Loket: They offer free or low-cost legal advice on employment issues.
- A Trade Union (Vakbond): If you’re a member, your union can provide expert guidance and may even step in to negotiate with your employer for you.
To make things easier, here is a simple checklist to follow.
Action Checklist When Sick on a Zero-Hours Contract
Follow these essential steps to ensure you meet your obligations and protect your right to sick pay.
| Step | Action Required | Why It’s Important |
|---|---|---|
| 1. Report Sick | Notify your employer immediately, following their official procedure. If none exists, use email or text. | Fulfills your legal duty and creates a time-stamped record. |
| 2. Keep Records | Log all communication, track scheduled and worked hours, and save every payslip. | Provides essential evidence if a dispute arises over hours or pay. |
| 3. Check Payslip | Carefully review your next payslip for sick pay (ziektegeld) and verify the amount. | Ensures you’ve been paid correctly according to legal requirements. |
| 4. Raise Issues | If payment is missing or incorrect, send a formal written query to your employer with your calculations. | Officially puts your employer on notice and requests a correction. |
| 5. Seek Advice | If the issue isn’t resolved, contact Het Juridisch Loket or your trade union. | Provides expert legal backing to enforce your rights. |
By systematically following these steps, you can confidently navigate the process and ensure you are treated fairly when you’re unable to work due to illness.
Frequently Asked Questions
Working on a zero-hours contract can feel uncertain at the best of times, but what happens when you get sick? It’s a situation that throws up very specific questions. This final section tackles some of the most common scenarios head-on, giving you direct answers to clarify your rights and what to do next.
What If I Get Sick Right After My Three-Month Anniversary?
That three-month mark is a crucial date. The moment you cross it, the “legal presumption of employment duration” kicks in. If you fall ill right after this point, your employer is legally obligated to look back at the last three months and figure out your average working hours.
This average becomes the very foundation for calculating your sick pay. It’s a safety net, ensuring you have a baseline income to rely on, even if you weren’t actually scheduled for any shifts when you had to call in sick.
Can My Employer Stop Offering Me Shifts If I Report Sick?
Simply put, no. Your employer can’t legally punish you for being ill. Once you’ve established a consistent work pattern—especially over three months or more—you have a much stronger claim to a set number of hours.
A sudden, unexplained drop in the shifts you’re offered right after reporting an illness could be viewed as a discriminatory action. If you feel this is happening, it’s wise to document everything and seek legal advice to protect your position.
Do I Still Build Up Holiday Leave While I Am Sick?
Yes, you absolutely do. While you are off sick, you continue to accrue holiday leave (vakantiedagen) just like any other employee. The law is very clear on this; your right to paid time off is protected while you recover.
The amount of leave you build up is based on the hours for which you’re receiving sick pay. So, if your sick pay is calculated on a 20-hour weekly average, you’ll accrue holiday leave based on those 20 hours, not zero.
What Should I Do If My Employer Refuses to Pay My Sick Pay?
If your employer denies your rightful sick pay, the first step is always to communicate with them clearly and professionally, preferably in writing.
- State your case: Explain that you believe you are entitled to sick pay. It can be helpful to reference the relevant legal rules, like the three-month average calculation we’ve discussed.
- Provide evidence: Refer to your own records of hours worked to back up your claim for the average calculation.
- Seek external support: If they still refuse to pay, you’re not on your own. You can get free or low-cost assistance from the Juridisch Loket, contact a trade union if you’re a member, or consult an employment lawyer who can help you claim the wages you are legally owed.