What will change for: on-call workers?
Basic contract instead of on-call contract
On-call workers get more income and schedule security. The cabinet abolishes the current on-call contracts (zero-hours and min/max contracts). The so-called basic contract will take its place. In the basic contract, on-call workers will have certainty about the minimum number of hours they will be deployed.
Minimum number of hours available
However, on-call workers must remain available to the employer for a number of hours above the minimum number of hours. This will be a hard rate of 130%. Outside of these times, the on-call worker is given the right to refuse the call. In addition, the on-call worker can specify in advance fixed times when he/she can refuse a call. In this way he/she can more easily combine his/her job as on-call worker with another (secondary) job.
Offer based on work scope
Employees who structurally work more than the minimum number of hours stipulated in their employment contract will receive an offer to adjust their work scope after 12 months.
Students and scholars
Students and schoolchildren can still continue to work under their current on-call contract with a side job. This may be advantageous for employers in retail, as this industry employs many students and schoolchildren. Exactly what the requirements are for falling into the "students and schoolchildren" group is still unclear.
Contracts with annual hours standard
In addition to the basic contract, contracts with an annual hours standard remain possible. In this case, the employer agrees on the minimum number of hours the employee will work in an entire year. Again, this minimum may be deviated from by 30%. However, employees who are subject to an annual hours standard must be given more job security in the future.
What will change for: definite timers?
Adjustment of chain rule
The Cabinet wants to prevent revolving door constructions. Therefore, it adjusts the "chain rule. An employer can currently conclude a maximum of three fixed-term employment contracts in a period of 36 months. This chain starts again when there is a period of more than six months between two employment contracts. This current interruption period will disappear. There will only be an administrative expiration period of five years, after which the chain does restart. This term will also apply to temporary workers. Students with a part-time job and school pupils will also be exempt.
Deviation by collective bargaining agreement
The Cabinet also removes the possibilities to deviate from the length of the chain and the maximum number of contracts by collective agreement. However, parties to a collective bargaining agreement can still make an exception for seasonal workers: for positions that can be performed for a maximum of nine months per year, an interruption period of three months can be agreed upon.
What will change for: temporary workers?
The employee is entitled to a temporary employment contract without a temporary employment clause after 52 weeks. Moreover, after two years, the temporary worker is entitled to employment directly with the hirer. Currently, this is still four years.
Function of the collective bargaining agreement?
The collective bargaining agreements in the retail industry will also be affected by these cabinet plans. Some collective bargaining agreements will have to be (significantly) revamped. But the cabinet plans also offer new opportunities for collective bargaining. For example, the exception in the chain rule for seasonal workers should be explicitly regulated by collective agreement. After all, the cabinet's rules can be fleshed out in collective bargaining. Employers would therefore do well to participate actively (through an employers' organization) in these consultations.
Bill More Security for Flex Workers
The above intended legislative changes are included in the bill More Security for Flex Workers. This bill was submitted for Internet consultation in July 2023. Meanwhile, the Council for the Judiciary has already criticized some aspects of the bill. For example, the Council questions the added value of the basic contract compared to a regular employment contract and the demarcation of the term "scholars and students. And the bill also faces criticism from other quarters. The bill was sent to the Council of State for its opinion in March 2024. After this advice and possible adjustments, the final proposal can go to the House of Representatives.
