On-Call Agreement

Availability contract with preliminary contractA preparation contract with preliminary contract is the most «free» contract. As an employer, this contract does not require you to effectively call the employee when there is work and the employee does not have to answer the call. If the worker accepts the call, an employment contract is concluded immediately, but only for that specific moment. This is also the disadvantage of the contract: when the employee responds to the reputation for the 4th time, a fixed date is automatically created. In addition, the employer pays the actual number of hours worked, but at least 3 hours per appeal and the delay agreed in advance (Article 7:628 A BW, Dutch law). If you pay your employees on the basis of a commission or transfer contract, you do not have an employment contract with that person. You work for yourself on the basis of a contract or a project. You must at least earn the minimum wage. This agreement can be concluded under a commission contract or other payment agreement, such as . B a contract. Employment contract with deferred benefit obligationIt is an agreement for an indeterminate or fixed-term appointment in which the worker declares to be available for employment.

There is an availability clause in this agreement; the employer is required to call the worker as soon as he is at work and the worker is required to accept his work, unless he has compelling reasons to cut the call (Article 4:2 ATW, Dutch law). A on-call worker (oproepkracht) only works if you call him as an employer. You have agreed to do this with your collaborator. There are different types of waiting contracts with different rules. Seasonal work is a work that, due to its seasonal nature, can only be performed for a maximum of 9 months per year. The employee can no longer stay in the same job after the end of the season. You can agree with your staff that the collective agreement does not provide for minimum or maximum hours. They are also not required to provide a specified number of hours when a seasonal worker is employed for more than 12 months. On-call workers are entitled to maintain wages when their employer is unable to offer temporary employment.