Judgment Dutch Supreme Court increases risks of on-call contracts

“During our seminars for day nurseries on 23 February and 26 April 2012, the on-call contracts again were a hot topic of discussion. A lot of day nurseries have a need for flexible deployment of personnel, for example through on-call contracts (zero hours contracts or contracts with minimum/maximum hours), however, in practice, they are faced with the legal restrictions. One of the problems is that on-call workers can claim working hours based on the average of the hours they have worked in the past. In a recent judgment, the Supreme Court decided that employees can even claim working hours and the salary retroactively. In retrospect, the employee might have a claim for certain working hours from the beginning of the employment, while a zero hours contract was agreed. Further to this judgment, we advise to survey the risks for all on-call contracts.

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