Sickness on a zero-hours contract: what sick pay are you entitled to?

If you fall ill on a zero-hours contract (nulurencontract) in the Netherlands, you are entitled to sick pay like any other employee: under Article 7:629 of the Dutch Civil Code (BW), at least 70% of your wage for up to 104 weeks. The catch is the number of hours: in the first three months you are only paid for shifts you were already called up for, and after that you can rely on the average of the previous three months under Article 7:610b BW.

This article explains how sick pay is calculated, which protections every on-call worker has, and what to do when you fall ill.

Are you entitled to sick pay on a zero-hours contract?

Yes. A zero-hours contract is an employment contract, so you are an employee and not self-employed, and the sick pay rules of Article 7:629 BW apply in full.

The employer must pay at least 70% of the wage for up to 104 weeks, and in the first 52 weeks no less than the statutory minimum wage for the hours concerned. Many collective labour agreements (cao) pay more, often 100% in the first year, so check your cao.

The zero-hours contract is a form of on-call contract (oproepovereenkomst) under Article 7:628a BW. A min-max contract is different: it guarantees a minimum number of hours from day one, so sick pay is at least calculated over that minimum.

How is sick pay calculated in the first three months?

In the first three months, sick pay follows the roster. If you report sick before or during a shift you were called up for, the wage for those hours is owed under Article 7:629 BW.

If you fall ill in a week without scheduled shifts, there are generally no hours to pay. Many zero-hours contracts exclude pay when there is no work; Article 7:628 BW allows that for the first six months only, unless a cao extends it for specific jobs. That clause concerns lack of work, not sickness, and does not remove sick pay for shifts you were called up for.

How does the presumption of Article 7:610b BW work after three months?

Once your contract has lasted three months, the agreed working hours are presumed to equal the monthly average over the preceding three months. Sick pay is then calculated over those hours, whether or not you were on the roster when you fell ill.

An example to illustrate: someone who worked 260 hours in the 13 weeks before falling ill averages 20 hours a week. Sick pay is calculated over 20 hours, at least 70%, with the minimum wage for those hours as the floor in the first year.

Two points matter. You must invoke the presumption yourself; payroll systems rarely apply it automatically. And the employer may rebut it, for example by showing that the three months were an exceptional peak, but the burden of proof lies with the employer. Keep your own record of every shift.

The presumed hours also count for holiday accrual, holiday allowance and pension. Our articles on statutory leave and holiday entitlement and vacation during sick leave explain the details.

Which protections apply to every on-call worker?

Since the Balanced Labour Market Act (Wet arbeidsmarkt in balans, WAB) took effect on 1 January 2020, Article 7:628a BW gives on-call workers fixed protections, whatever the contract says.

• Four days’ notice: the employer must call you up in writing or electronically at least four days in advance. You may refuse a later call-up. A cao may shorten the period, but not below 24 hours.
• Pay for cancelled shifts: if the employer cancels or changes a call-up within those four days, you keep the wage for the original hours.
• Three hours minimum: if fewer than 15 hours a week are agreed and the working times are not fixed, each call-up entitles you to at least three hours’ pay.
• Offer of fixed hours after 12 months: the employer must offer, in writing and within one month, a contract with fixed hours equal to the average of the past 12 months. If it does not, you can claim wages as if the offer had been made.

Check whether that 12-month offer was ever made. In a sickness dispute, it can fix your sick pay at a higher level than the three-month average.

What changes with the Act on More Security for Flex Workers?

The Act on More Security for Flex Workers (Wet meer zekerheid flexwerkers, bill 36746) was adopted by the Senate on 7 July 2026. It replaces zero-hours contracts with bandwidth contracts, with an agreed minimum and maximum number of hours, and a maximum spread of 30%.

The Act enters into force on a date set by royal decree, possibly at different times for different parts. Until then, the current rules described in this article apply. See our article on labour market reform and the move from zero-hours contracts to structural security.

What if your employer stops calling you after you report sick?

If the presumption of Article 7:610b BW applies, the wage over the presumed hours remains due whether or not you are called. Not calling a sick employee does not end the employment contract.

Put the employer in default in writing, state the average hours and claim the wage. Act within weeks rather than months: the further back the reference period lies, the harder it is to prove. A dispute about wages goes to the subdistrict court (kantonrechter), where you do not need a lawyer.

What if your employer says there is no employment contract?

Under Article 7:610a BW, if you have worked for someone for pay for three consecutive months, weekly or at least 20 hours a month, you are presumed to have an employment contract. The employer must then prove otherwise.

The court looks at how the relationship worked in practice, not at the label: work, wage and authority, including how the work fits into the organisation. Invoices as a “freelancer” do not decide the question.

What happens with long-term illness?

For longer absences, the Gatekeeper Improvement Act (Wet verbetering poortwachter) applies to on-call workers in the same way as to other employees. The company doctor (bedrijfsarts) makes a problem analysis around week 6, and employer and employee agree a plan of action (plan van aanpak) by week 8.

A first-year evaluation follows around week 52, and the application for WIA disability benefit is made to UWV in the second year. If UWV finds the employer’s reintegration efforts insufficient, it can impose a wage sanction of up to 52 weeks. You do not have to tell your employer your diagnosis; the company doctor reports only your limitations. See our guide on reintegration obligations and wage sanctions.

What happens if your contract ends during your illness?

A fixed-term contract ends on its end date, even if you are ill. Your income then continues as a Sickness Benefits Act (Ziektewet) benefit from UWV.

If you are ill on the last day, the employer must report this to UWV. Ask for written confirmation, because the benefit does not start by itself. If you work through an agency (uitzendbureau), the agency is your employer and owes the sick pay; report sick to the agency immediately and in writing.

What should you check as an on-call worker?

• Whether you reported sick on the first day, following the employer’s procedure, with a time-stamped message.
• Whether your contract has lasted three months, and what your average hours were in that period.
• Whether you have invoked Article 7:610b BW in writing, with your own overview of shifts attached.
• Whether your payslip shows sick pay over the right hours and at least 70%, or the higher cao percentage.
• Whether you received the written offer of fixed hours after 12 months.
• Whether you have exported your roster history from the scheduling app.

What should you check as an employer?

• Whether the employee has passed the three-month mark, so the presumed hours apply.
• Whether the reference period was exceptional, and whether you can prove that.
• Whether you made the written offer of fixed hours after 12 months.
• Whether the company doctor and the reintegration steps follow the poortwachter timetable.
• Whether a fixed-term contract ends during the illness, and whether you report this to UWV on time.

What can we do for you with sickness on a zero-hours contract?

Our employment lawyers assist on-call workers and employers; for background see our overview of employee rights in the Netherlands.

• We calculate your presumed hours and the sick pay you are owed.
• We draft the letter invoking Article 7:610b BW and putting the employer in default.
• We check whether the 12-month offer of fixed hours was made and calculate the wage claim if not.
• We start wage proceedings before the subdistrict court.
• For employers, we review on-call contracts and prepare them for the bandwidth contract.

Summary

• On a zero-hours contract you are an employee with a right to at least 70% sick pay for up to 104 weeks.
• In the first three months, sick pay covers only shifts you were called up for.
• After three months, Article 7:610b BW lets you rely on the average hours of the previous three months.
• Invoke the presumption in writing and keep your own records of shifts.
• The Act on More Security for Flex Workers will replace zero-hours contracts; until it enters into force, the current rules apply.

Frequently asked questions