Zero-hours contract in the Netherlands: rules now and from 2028

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. The main rules are in 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 you check as an employer?

Map what your on-call employees actually work and record the annual offer of fixed hours. A missing offer leads to a claim for the wage over the hours that should have been offered.

• Are calls made at least four days in advance, in writing or electronically?
• Do you pay the originally called hours when you cancel or change a call within four days?
• Have you made a written, dated offer of fixed hours after twelve months, based on the average of that period?
• Does the actual working pattern of the last three months differ structurally from the contract (Article 7:610b BW)?
• Which on-call contracts must be converted to a bandwidth contract from 1 January 2028, and which fall under the exceptions?

What should you check as an employee?

You do not have to respond to a call made with less than four days’ notice. If you have worked structurally more hours than your contract says, you can ask for it to be adjusted.

• Did the call reach you at least four days before the work started?
• Were you paid at least three hours for each call, and for calls cancelled at short notice?
• Have you received a written offer of fixed hours after twelve months on the contract?
• What is your average number of hours over the last three and twelve months?

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

Our employment lawyers advise employers and on-call employees:

• We review your on-call contract against Article 7:628a BW.
• We calculate the average hours that determine the offer of fixed hours or a claim under Article 7:610b BW.
• We draft the annual written offer of fixed hours for employers.
• We claim wages for cancelled calls or a missing offer of fixed hours.
• We prepare your contracts for the bandwidth contract expected from 1 January 2028.

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