As an on-call worker, are you entitled to payment for regular hours?
An on-call worker often works on a zero-hours or min-max contract. This offers flexibility, but also raises questions about rights regarding payment for fixed hours. This article explains when one is entitled to fixed hours and what obligations an employer has.
What is an on-call worker?
An on-call worker has an employment contract in which the number of working hours is not fixed in advance. This is common in zero-hours contracts and min-max contracts. In these contracts, the employer can determine when and how many hours you work, but the employee can also sometimes decide whether to accept work.
Right to fixed hours after 3 months
After three months of working as an on-call employee, in many cases, an employee can claim a fixed number of hours. This means that even if not called to work or, for example, during illness, the employee is entitled to be paid for the average hours worked in the previous three months. Note that in some cases the contract may state that in the first six months there is no entitlement to pay or that one receives a different percentage of pay.
After 12 months: always entitled to a fixed number of hours
After 12 months as an on-call worker, you are entitled by law to a fixed number of hours. The employer must make you an offer of a fixed number of hours within one month after you have worked for 12 months. This number of hours must be equal to the average of the hours worked in the previous 12 months. This gives more certainty about income and working hours.
Choice between security or flexibility
If you receive an offer for fixed hours, you may choose to accept this offer for more job security. This can be attractive if you want more predictability in your income. On the other hand, you can also decline the offer if you prefer to retain the flexibility of on-call work.
Consequences of no offer for fixed hours
If your employer does not make you an offer of regular hours after 12 months, you are entitled to the wages you would have received if the offer had been made. This applies even if you did not perform the hours you should have worked. You can claim retroactive payment for the missed hours.
Conclusion
As an on-call worker, you are entitled to payment for fixed hours depending on the length of your working relationship. After three months you can call on the average number of hours worked and after 12 months you are always entitled to a fixed number of hours. This provides more security and protection for on-call workers who may otherwise face unpredictable working hours.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about your contract. Please feel free to contact us .
April 2025
