Scheduling on-call workers in the Netherlands: the rules
Updated
On-call workers keep Dutch hospitality flexible. But since the Balanced Labour Market Act (WAB) came into force, there are clear rules on how and when you call them in. Ignore them and you pay for hours nobody worked.
Who counts as an on-call worker?
Anyone on a zero-hours contract, a min-max contract, or a contract without fixed working times. A part-timer with fixed hours but no fixed days or times often falls under these rules too.
Notice: at least 4 days
You must call in on-call staff at least 4 days in advance, in writing or electronically (a message or a published rota in an app counts). Call them in later and they may refuse without consequences. A collective agreement may shorten this to no less than 24 hours.
Cancelling within 4 days means paying anyway
If you cancel or change a call-in less than 4 days before the shift, the worker is entitled to pay for the original shift (unless your collective agreement sets a shorter term).
A 3-hour minimum per call-in
Staff on contracts under 15 hours a week without fixed times, or on zero-hours contracts, must be paid at least 3 hours per call-in — even if the shift is shorter.
After 12 months: offer fixed hours
After 12 months you must offer, within a month, a contract with fixed hours equal to at least the average of the past 12 months. The worker doesn't have to accept. If you make no offer, they are still entitled to pay for that average. Keep track of hours worked per person.
Changes on the way
Legislation is in the works to largely replace zero-hours contracts with so-called base contracts. Keep an eye on government.nl for the current status.
Scheduling on-call staff smartly
Let on-call staff share their own availability, publish well ahead (the cao Horeca asks for three weeks), and post open shifts that people can claim with your approval. Gedekt does all three — see claims and swaps.
Frequently asked questions
How much notice must on-call workers get in the Netherlands?
At least 4 days, in writing or electronically. A collective agreement may shorten this to 24 hours. With less notice the worker may refuse.
Do I have to pay an on-call worker if I cancel the shift?
Yes, if you cancel or change it less than 4 days before the shift, unless your collective agreement sets a shorter term.
This guide is general information, not legal advice. Rules can change and your collective agreement may contain different terms.