Step-by-step plan: Hiring on-call workers with a min-max contract
A min-max contract is an employment contract for on-call workers. You and your employee determine the minimum and maximum number of on-call hours together. Find out the rules you must follow in this step-by-step plan.
A min-max contract has rules and regulations just like other employment contracts. For instance:
- advance notification of a call
- the right to wages when a call is cancelled
- the right to an offer of a fixed-hours contract after a 1-year min-max contract
You must state on the payslip whether there is a call-out agreement. Read the general rules for on-call workers.
An on-call worker is entitled to the same terms and conditions of employment as your other employees. A min-max contract details the agreement you have made with your employee about:
- You agree a fixed or temporary contract for a minimum number of hours per week, month, or year.
- These are the guaranteed hours. You always pay out the minimum hours.
- You also determine the maximum number of hours for which you can call your employee.
- Your employee has to work up to the agreed maximum number of on-call hours.
Read more about the min-max contract (in Dutch).
- You must notify your on-call worker of a call to work at least 4 days in advance.
- You must do this in writing or digitally, for example, via WhatsApp or email
- Do you call for work less than 4 days in advance? Then your on-call employee does not have to come to work.
- Do you cancel a call or change the working hours less than 4 days in advance? Then your on-call worker is entitled to payment of the hours they were called for.
A collective labour agreement (CAO) may contain agreements on a shorter on-call period. For example, 1 day instead of 4 days.
Pay your on-call worker for the total number of hours worked.
- You must always pay your on-call worker for at least the guaranteed or minimum number of hours laid down in the contract. Even if you have not called them in to work.
- You also have to pay them for the hours they have worked on top of the minimum number of hours.
- Has your employee been working for you for more than 6 months and have you called them in to work? If so, you must also pay them for any hours that you did not cancel or reschedule in time.
After 6 months, the continued payment of wages obligation (doorbetalingsverplichting) comes into force. This means your on-call worker is entitled to payment if you call them, but they cannot do the work because of something that is your resonsibility. For example, machinery is broken or an order is canceled.
The collective labour agreement (CAO) may contain the possibility of an extension to the 6 month period. But this only applies if the work is occasional and has no set structure. For instance, if you need to replace an employee due to illness. In that case the on-call worker is entitled to the wages for the hours they are called for (taking into account the minimum number of hours). Check these conditions in your CAO.
You must pay your on-call worker 3 hours wages for every call. Even if their services were only required for 1 or 2 hours. This applies if you have agreed a contract for 15 hours or less per week, and you have not agreed on fixed working hours
Your on-call worker is entitled to continued payment of wages during illness for the minimum number of hours you have agreed on. You pay them 70% of the guaranteed hours. If that amount is less than the minimum wage, you have to pay the minimum wage. If the contract expires, your employee can apply for social benefits from the Employment Insurance Agency UWV.
Your employee with a min-max contract is entitled to days off and a holiday allowance. You can calculate the number of days off by multiplying the average number of hours worked per week by 4. For example: if your on-call worker works 25 hours per week, they are entitled to 100 hours holiday. A CAO may contain other agreements on the accrual of holiday days.
If your on-call worker works overtime on a structural basis, they can demand that you increase the number of fixed hours in the min-max contract. This is called Legal Presumption of Employment Duration (rechtsvermoeden van arbeidsomvang, in Dutch). The average number of hours worked per month in the last 3 months counts as the new number of fixed hours for the contract. They may then ask you to change their min-max contract to one with a higher number of hours per week.
Do you not want to change the contract? Then you must be able to prove that the need for overtime was a temporary situation. For example, with a written agreement or a shift roster showing it was a peak period.
You are not allowed to terminate a min-max contract just like that. If you want to dismiss your worker, you must observe these rules:
- A temporary min-max contract ends at the appointed date.
- To end a permanent employment contract, you must follow the rules for, among other things, transition payments and valid grounds for dismissal. Read more about grounds for dismissal.