A zero-hours contract (nulurencontract) is an on-call contract without an agreed number of working hours: the employer calls, and the employee works. It is still allowed under Dutch law today, but it is tightly regulated, and the More Security for Flexible Workers Act is set to replace it with a bandwidth contract, expected from 1 January 2028. Pupils, students and people of state pension age keep an exception.
What is a zero-hours contract?
It is a form of on-call agreement (oproepovereenkomst) in which no fixed number of hours is agreed and the employee is only paid for the hours actually worked. Employers like it because it appears to place all the flexibility on one side. Dutch law has steadily limited that appearance, mainly through article 7:628a of the Dutch Civil Code (BW).
Which rules apply to on-call work today?
Three protections already apply. You must be called at least four days in advance, in writing or electronically, and the employer must pay for cancelled calls and minimum hours.
- Four days’ notice. A call made later than four days before the work need not be answered.
- Late cancellation. If the employer cancels or changes the call within those four days, the employee is still entitled to be paid for the hours originally called.
- Minimum pay per call. Each call generally gives an entitlement to at least three hours’ pay, even where the actual work is shorter.
When must the employer offer fixed hours?
After twelve months on an on-call contract, the employer must offer the employee a fixed number of hours. That number is based on the average worked over the preceding twelve months.
The offer must be made in writing and repeated every year. An employer who fails to make it owes the wage over those hours regardless. The employee is free to accept or decline the offer.
Can you rely on the hours you actually work?
Yes. If your actual working pattern differs structurally from your contract, you can rely on the presumption in article 7:610b BW. The agreed working time is then presumed to equal the average of the previous three months, and you can ask for the contract to be adjusted accordingly.
What changes from 2028?
The zero-hours contract will disappear and be replaced by the bandwidth contract (bandbreedtecontract). The Senate (Eerste Kamer) adopted the More Security for Flexible Workers Act (Wet meer zekerheid flexwerkers) on 7 July 2026, and the rules on on-call work are expected to take effect on 1 January 2028.
Under a bandwidth contract, a minimum and a maximum number of hours are agreed. The maximum may not exceed 130 per cent of the minimum: with a minimum of 10 hours, the maximum is 13. The employee is guaranteed the minimum and can be called up to the maximum. Work beyond the maximum may be refused, and if more hours are structurally needed, the employer must offer a contract with more hours.
Exceptions remain for side jobs of people whose main activity lies elsewhere, such as pupils, students and people of state pension age. How existing contracts move over to the new rules depends on the transitional provisions of the act; check these for each contract before 2028.
The same act tightens the chain rule for fixed-term contracts. That matters because on-call contracts are usually fixed-term as well: see our article on the fixed-term employment contract.
What should employers do now?
Map what your on-call employees actually work, and check that the annual offer of fixed hours is made and recorded.
The actual average determines both the annual offer of fixed hours and the minimum under a future bandwidth contract. A missing offer leads to a claim for the wage over the hours that should have been offered, and that claim builds up quietly over time. A written, dated offer every year is the simplest way to avoid it.
What should employees know?
You do not have to respond to a call made with less than four days’ notice. If you have structurally worked more hours than your contract says, you can ask for it to be adjusted. And if you have been on an on-call contract for more than a year without a written offer of fixed hours, you may have a claim for the wage over those hours.
In summary
- A zero-hours contract is still allowed, but article 7:628a BW requires four days’ notice and pay for late cancellations.
- Each call generally gives a right to at least three hours’ pay.
- After twelve months the employer must offer fixed hours in writing, every year; without that offer, the wage over those hours is owed.
- From 1 January 2028 the bandwidth contract (maximum 130 per cent of the minimum) is expected to replace the zero-hours contract, with exceptions for pupils, students and people of state pension age.
Frequently asked questions
Can I refuse a call?
Yes, if the call reaches you less than four days before the work starts. For a call made in time, what your contract says about availability is decisive.
Will my zero-hours contract end automatically in 2028?
Not necessarily at once. The way existing contracts are affected depends on the transitional rules of the act. It is wise to review your contract well before 1 January 2028.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our employment lawyer page.
