Zero-Hours Contract
What is it?
An employment agreement contains the details that an employer and employee agreed upon when they enter into an employment. The employer and employee enter this agreement for a certain period of time (bepaalde tijd). Unlike normal employment agreements, a set emount of working hours is not included. Instead the on-call employer will only be able to work if you call him.
Why do I need it?
When you need flexibility where working force is concerned this onctract is a perfect solution. It is, however, strictly bound to rules. Many legal rules can only be put aside in writing, in the employment agreement.
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Other Designations
- Employment contract;
- On-call contract
Important Tips
You only pay salary over the actual worked hours, but always at least 3!
If you call the employee for less than three hours at a time, you still must pay him a salary worth 3 hours.
Watch out if you call upon an on-call employee for more than three months in a row for at least 20 hours!
The on-call employee can then claim to have an employment agreement for the average amount of hours he has worked in those three months. This means you can't call upon him less than you have done previously. If you're certain you will call upon him more than that you may want to consider a normal employment agreement.
The on-call employee may be eligible for a employment agreement for an indefinite amount of time
A temporary contract such as this on-call contract may only be extended twice. After that you must give the employee a contract for an indefinite amount of time. This is also the case if the total amount of time the employee has been in your service is over 2 years. An exeption to this rule is if there has been a break in between contracts of more than 6 months.
An on-call employee is no different than a full-time employee.
That means he has equal rights such as paid sickdays (if he is called). This also means that he must always show up if called upon.
Note!
You can arrange what the salary of the on-call employee will be, which information is confidential for the employee and how long the contract lasts. If the employee works at least 20 hours on average per month it will measn that he has a normal employment agreement with corresponding rights such as paid leave.
Zero-Hours Contract
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