What does the legal presumption of employment mean?
The legal presumption of work scope can come into play when, for example, no hours are stipulated in the contract, but hours are structurally (e.g. monthly) worked(Art. 7:610b of the Civil Code). The employee can then request the employer to adjust or fix the number of hours, based on a legal presumption of work scope. This involves looking at the number of hours the employee worked on average per month in the previous three months. The average of these can be determined as the number of hours the employee should be "fixed. In addition, after 12 months, the employer is required to offer the employee on a zero-hours contract a fixed scope of work of the average number of hours worked over the previous 12 months.
