There are different types of on-call contracts. Namely, the zero-hours contract, where no agreement is made about the number of hours, but you are obliged to show up when called upon. Another on-call contract is the on-call contract with a preliminary agreement. Here, you can decide whether to work when called upon. If you respond to the call, a temporary employment contract is created for the duration of the call. Finally, there is the min-max contract, where you have a guaranteed number of hours and can be called for extra hours.
The most common form of an on-call contract is the zero-hours contract with the obligation to work when the employer calls you. A zero-hours contract is a normal employment contract where no hours are specified. The employee is paid for the hours worked.
What rights do I have with a zero-hours contract?
Working based on a zero-hours contract does not mean that you have no rights as an employee. With a zero-hours contract, you also accrue annual leave and holiday pay, and if you have a contract for less than 15 hours per week with no clear agreements about the hours you work, you must be paid for at least 3 hours per call, even if you only work 1 hour.
Employees working on a zero-hours contract have little security. To address this uncertainty, the legislator has included the presumption of the scope of work in the law. This stipulates that if you consistently work more hours than your contracted hours, you can ask your employer to adjust the number of hours to what you actually work after some time. To adjust the hours in your contract, you must have been employed for at least three months. Your employer can only refuse this if they can prove that the extra hours worked are incidental (such as covering for maternity leave, holiday periods, or peak seasons). If the hours worked are genuinely structural, the employer must adjust your contract to the average number of hours over the past three months.
Be aware that the employer can include in the employment contract that there is no obligation to continue paying wages during the first 6 months if you do not work.
Work and Security Act and zero-hours contract
The Work and Security Act contains stricter rules for on-call contracts. The employer can include in the employment contract that no wages are paid for the first six months if the employee does not work. This period can now be extended indefinitely via the CLA. This is set to change. From January 2015, an employer may only deviate from the obligation to continue paying wages after 6 months for certain functions in the CLA. These must be roles where the agreed work is incidental and does not have a fixed scope.
It is important to know that every situation can be different. If you are unsure about your rights, please contact our
Information and Advice Centre.
