The rules for offering on-call workers a contract with a fixed number of working hours will become stricter as of July 1, 2021. The amendments to current legislation, regulated through the ‘Verzamelwet SZW 2021’ (Social Affairs and Employment Collective Act 2021), were originally scheduled to go into effect on January 1, 2021.
As of July 1, 2021, each time an on-call worker has worked for your organization for a period of 12 months, you must offer him/her a contract for a fixed number of working hours per week. This fixed number of working hours must be equal to the average in hours worked in the previous 12 months. The offer must be made within a month after each period of 12 months. The on-call worker then has one month to either accept or decline the offer. This means there are max. 2 months between the end of the period of 12 months on which the offer is based and the on-call worker accepting or declining the offer for a fixed number of working hours. As a result, if the on-call worker accepts, his/her new contract will go into force at the latest on the first day after these 2 months have expired. No exception permitted here.