On-call worker

• On-call / zero-hours contracts

  The employer concludes an on-call employment contract (sometimes called a zero-hours contract) with the on-call employee. The contract contains no fixed agreements regarding days or hours of work. The employer only pays for the hours that the employee actually works. If the employee has not been called up for work, he/she is not entitled to any wage payment.

  There is, however, a minimum number of hours for each on-call shift that must be paid out. Each time on-call workers are called up for a shift, they are entitled to a minimum of 3 hours’ pay. Even if they only work for 1 hour.

  Collective Labour Agreement (CAO) for Dutch Universities

  The Collective Labour Agreement for Dutch Universities applies to this employment contract (zero-hours contract). The on-call employee will be registered with our pension fund (Stichting Pensioenfonds ABP), who administer the scheme that applies this type of contract. Pension contributions are accordingly deducted from the payments. On-call workers also receive the year-end bonus. 

  In derogation from the collective labour agreement, an on-call employee does not accrue holiday leave time, however holiday leave hours are paid out for every hour worked. Each month the on-call employee will receive 12.5% in compensation for holiday leave. This arrangement rules out the possibility of taking paid leave. This means that when on-call employees take leave, they work no hours and therefore receive no pay.

  Limited terms and conditions of employment

  An on-call worker is excluded from a number of terms and conditions of employment. Consider, for example:

  • commuting allowance and working-from-home allowance
  • internet allowance
  • compensation for facilities for working from home
  • individual choices model
  • flexible working hours
  • accrual of holiday leave entitlements

• Contract duration

  For on-call workers, a temporary employment contract may only be followed twice at the most by another temporary employment contract. As long as the maximum contract duration of 36 months will not be exceeded. 

  This means that the on-call employee becomes a permanent employee with the third of three successive contracts or when the on-call employee has had a temporary contract for more than 3 years.

  A zero-hours employment contract can be terminated at any time. The notice period for terminating a zero-hours contract is the same as the call-up period: 4 days. 

• Call-up and cancellation period of 4 days

  The employer must call-up the employee no less than 4 calendar days before the shift, not counting the scheduled day of work. If the on-call employee has been called up for a shift less than 4 days in advance, then the employee is permitted to decline the work. 

  If the on-call worker is called up, but it turns out later not to be necessary, then the employer must cancel no less than 4 calendar days in advance. If the cancellation is later, the employer is obliged to pay for the duration of the work scheduled as if the employee had worked. In such cases, the on-call employee is entitled to a minimum of 3 hours pay, even if he/she did not work. Here too, in calculating the period of 4 calendar days the scheduled day of work is not counted.

  Example:
  If the on-call worker was called up 4 days in advance to work from 9 to 12 hours and this is changed to 13 to 16 hours two days in advance (instead of 4), and the on-call employee accepts, then the employee is entitled to 6 hours of pay: from 9 to 12 hours, because the call-up was changed too late, and from 13 to 16 hours, because the on-call employee worked these hours.

• How call-ups and cancellations are sent

  The call-up or cancellation must be effected in writing or electronically. For example, using email, WhatsApp or an SMS. The on-call employee is not obliged to respond to an oral call-up. The result of an oral cancellation is that the employee can claim pay for the duration of the call-up, even if he/she did not work, just as for late cancellations. In the interests of both parties, we recommend that an oral call-up or cancellation be immediately confirmed in writing or electronically. 

  Each time on-call workers are called up for a shift, they are entitled to a minimum of 3 hours’ pay. Even if they only work for 1 hour.

• Offer of fixed number of hours after 12 months

  On-call workers must receive an offer for a fixed number of hours within 1 month of the termination of 12 months on-call. The HR Service Desk will inform both the on-call employee and the manager about this. The on-call employee will be requested to make a choice between a flex contract or a contract with a fixed number of hours per month, according to a set weekly schedule, and notify HR Service Desk using a special form. If no response is received, we will assume that the on-call employee wants to continue to work on a flexible basis.

  Such an offer naturally is only indicated if the intention was to renew the on-call employee’s employment contract after the period of 12 months. 

  The offer for a fixed number of hours pertains to the average number of hours that the on-call employee worked during the previous 12 months. This average is the minimum that must be contained in the offer (more hours may be offered). On-call employees are not obliged to accept such an offer, and therefore may, if they so desire, continue to work on-call. It is, however, mandatory that a new offer for a fixed number of hours be made after the end of every period of 12 months on-call.     

  If the on-call worker does not accept an offer for a fixed number of hours, and if the employee wants to continue working, a new employment contract for a fixed term as on-call employee can be offered after the end of the current period of temporary employment, unless this conflicts with the legislation on successive on-call contracts (known as the ‘ketenregeling’, a maximum 3 temporary employment contracts in a maximum 3 year period). 

  If the on-call worker already has a permanent employment contract and chooses to continue working flexibly, the contract remains unchanged.

  As employer, Vrije Universiteit Amsterdam is not obliged to renew an on-call employee’s contract or offer a fixed term contract. The employer only has to guarantee a fixed number of hours. Usually, a temporary employment contract expires on the agreed-upon date. 

  Please note: if the on-call employee does accept the offer, a permanent employment contract must be offered on the grounds of the collective labour agreement after the end of the current temporary employment, provided he/she was found suitable and continues in the same position.

  Advantages of on-call employment contracts:

  • Flexibility to work more or fewer hours, which the on-call employee declares monthly
  • A call-up for work may be declined
  • Holiday leave for the hours worked at 12.5% is paid out every month

  Advantages of fixed hour monthly employment contracts:

  • Employees receive a fixed monthly income
  • Wages are paid out during holiday leave

  Asking for a fixed number of hours

  When an on-call worker has worked a minimum of 3 months, a legal presumption regarding the number of hours may arise. A permanent working pattern arises when the on-call employee works a fixed number of hours every week. This allows the on-call employee to demand a permanent employment contract with this average number of hours per week, unless there has been no fixed working pattern, and the employee only worked during peak periods, for example.

  Every employee, including on-call employees, can request a fixed number of hours or a permanent contract in writing or electronically when they have been employed for 26 weeks. The employer is required to take a decision on the request within 1 month, in writing and substantiated with reasons. Such a decision may indicate that extending hours or permanent work/employment contract is not available.  

  Please note: if a reply is not sent within 1 month, the request is regarded as granted.

• Commuting, working-from-home and internet allowances

  The collective labour agreement contains agreements regarding the facilitation of hybrid working. However, only permanent employees receive allowances for working-from-home and internet, while on-call employees, student assistants, freelancers, PhD grant recipients without an employment contract and trainees receive no compensation. 

  The assumption is that the on-call employee is a student who already has a student travel product in the form of a weekly travel pass, which obviates any entitlement to the commuting allowance. After all, they already have access to free public transport. 

  Students with a weekend travel pass, students without a student travel product and students with a weekly travel pass who receive a discount for the summer months (40% for the train and 34% for tram, bus, metro and water bus) are entitled to reimbursement for any necessary travel expenses. In such cases, Vrije Universiteit Amsterdam reimburses 65% of the actually incurred commuting expenses. Students are responsible for declaring the travel expenses incurred. The claim must include the declaration overview of their public transport transactions. This can be retrieved for both the OV chip card and for OV pay (checking in and out with contactless debit card, credit card or mobile). 

  Example: 

  • If the journey (commute) without a transport pass or discount product (100%) cost € 10, then the reimbursement is € 6.50. 
  • If the journey (commute) cost € 6 using a discount card (-40%), then the reimbursement is € 3.90. Please note: the cost of purchasing a discount card is not eligible for reimbursement. 

  If on-call employees would like to make use of facilities for working-from-home (such as IT equipment, desk, desk lamp), then they should discuss this with their managers.  

• Illness

  In the case of illness, the on-call worker should observe the regulations in place at Vrije Universiteit Amsterdam regarding illness, and the regulations contained in the Eligibility for Permanent Incapacity Benefit (Restrictions) Act stipulating reporting sick/recovery and monitoring.

  If an on-call employee becomes ill after receiving a call-up for work or during the call-up period, the hours for which the on-call employee had already been called up may be declared using the self-service option for Record of hours worked, including overtime. In the comments field of the form, the on-call employee should indicate that this involved an illness. To do this, use the blue ‘Take action now’ button on this page.

Are you looking for information on these topics too?