If you work based on a zero-hours contract, an employer must make you an offer of hours after 12 months of work. This is regulated by the Balanced Labour Market Act (WAB).
This offer of hours must be based on the average number of hours from the previous 12 months. If you, as an employee, decline the offer, or do not accept it or do not accept it on time, the employer must make you a new offer after 12 months. If the employer has not made an offer, you are in principle entitled to payment for the average number of hours of those previous 12 months. Once the number of hours has been established, your employer may not unilaterally reduce the number of hours.
Additionally, there are a few things you can consider that may apply to your situation:
- If you work on average more than the agreed hours in the employment contract, you can request in writing to adjust the employment contract.
- If you have worked according to a fixed pattern for at least three months, you can request in writing to adjust the employment contract. The average number of hours for that period becomes the number of hours for which the employment contract applies. Sometimes a longer period is used, as this gives a better picture of the average numbers.
It is good to check what might apply to you and report this in writing. If one of the two points above applies to you, we advise you to discuss with your employer the period on which a new contract will be drawn up.
If your employer does not want to make an offer based on the average contracted hours, then contact one of our legal advisors.