Zero-hour contracts in the Netherlands – what should you watch out for, and what rights do they grant?

A zero-hour contract is one of the most flexible forms of employment used in the Netherlands. Although it is popular in many sectors—particularly in the restaurant, hotel, cleaning, and healthcare industries—it is not always beneficial for the employee. It’s worth taking a close look at the rules governing this type of contract, the rights it grants, the obligations it entails, and what you should pay special attention to so as not to fall victim to abuse.

What exactly is a zero-hour contract?

A zero-hour contract is an employment contract without a guaranteed number of hours per week. This means that the employer may, but is not required to, call the employee to work in a given week or month. The employee, in turn, is required to report to work if asked to do so, unless the contract provides otherwise. This type of contract offers maximum flexibility to the employer but entails significant income uncertainty for the employee.

This type of contract typically contains the same provisions as a fixed-term contract, with the exception that it does not specify a predetermined number of working hours. It is often used as a form of “trial employment” or to meet seasonal demand.

Common industries where zero-hour contracts are used

These contracts are common in industries with irregular workloads, where it is difficult to predict staffing needs in advance. These include, among others:

• food service and hospitality,
• retail (supermarkets, stores),
• elderly and child care,
• cleaning,
• logistics and warehousing.

These types of contracts are often used for students, teenagers working part-time after school, or people who combine several sources of income. Their advantage is a highly flexible schedule, but from a social security perspective, they have many limitations.

What should you watch out for when signing a zero-hour contract?

Although this arrangement is legal and governed by Dutch labor law, it carries a risk of abuse, especially if the employee is unaware of their rights. Here are the key points to keep in mind:

• No guaranteed hours—which means no income security; one month you might work 100 hours, and the next only 10.
• No pay for on-call time—if you aren’t called in to work, you don’t get paid.
• Short notice periods—the employer should give at least 4 days’ notice of work. If they fail to meet this deadline and the employee comes to work or was ready to work, they are entitled to pay.
• Risk of sudden termination—contracts of this type are easy to terminate, and many people are unaware that they are entitled to severance pay even in such cases.

Some companies abuse this form of employment by avoiding contracts with a minimum number of hours, even though the employee works regularly for many months. In such cases, it’s important to be familiar with the laws that allow you to assert your rights.

What rights do zero-hour workers have?

Despite the lack of job security, the employee has the same basic rights as someone hired under a standard employment contract. These include:

• the right to pay for every hour worked,
• the right to a vacation bonus (8% of annual pay),
• the right to vacation leave—calculated proportionally to the number of days worked,
• the right to sick pay—if the employee becomes ill during a scheduled work period,
• the right to a severance payment upon termination of the contract, if it was for a minimum of 24 months or terminated by the employer,
• the right to unemployment benefits—provided the criteria required by the UWV are met.

In addition, if an employee works on a reasonably regular basis for three consecutive months, they may request that their regular work schedule be established based on the average number of hours worked. The employer cannot ignore this request.

Employer Responsibilities: What They Must Do and What They Cannot Do

Under the 2020 amendment to Dutch labor law, an employer who hires an employee under a zero-hour contract must offer a new contract with a fixed number of hours after 12 months of employment. This number of hours should correspond to the average from the previous year.

The employer must also:

• provide a work schedule 4 days in advance,
• pay wages for a scheduled shift even if it is canceled,
• comply with health and safety regulations and labor laws regardless of the form of employment.
  

Failure to comply with these rules may result in a lawsuit filed with the labor court, an investigation by the labor inspectorate, or a complaint filed with the UWV.

Summary

A zero-hour contract in the Netherlands can be a good option for people seeking flexible employment—such as students, retirees, and parents working part-time. It offers flexibility but does not guarantee stability or a steady income. For many, it is a temporary solution that can lead to more stable employment.

To avoid exploitation, it’s important to know your rights, regularly track the number of hours worked, and take action if your employer doesn’t offer a new contract after a year. You can get help from labor unions, the employment office, or an employment lawyer. It’s also a good idea to document all working hours, correspondence with your employer, and the schedules you receive—this can be crucial in the event of a dispute.