Working on a flexible contract and want to know what the new act means for you?
The Dutch Flexible Workers Act has been adopted, but most of its rules only apply from 1 January 2028. Until that date the current law applies, which means that as an on-call, temporary agency or fixed-term worker you already have rights you can use now.
- We determine which type of contract you have under the law, regardless of the name on paper.
- We put your contracts, hours and breaks into a single timeline.
- We assess what you can already claim now and what will happen to your contract in 2028.
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All flexible-work rights in one place. On-call work, temporary agency work, payroll, self-employment and the time limits you must not miss are brought together in the overview employment law for flexible workers.
Reference date 27 September 2026
The Dutch Flexible Workers Act (Wet meer zekerheid flexwerkers, Bulletin of Acts and Decrees (Stb. 2026, 205)) changes the rules for on-call workers (oproepkrachten), temporary agency workers (uitzendkrachten), payroll employees and employees on fixed-term contracts. Most of it applies from 1 January 2028: the zero-hours contract (nulurencontract) disappears for most employees, a min-max contract may have no more than 30 percent flexibility, and the break in the rules on successive fixed-term contracts (ketenregeling) goes from six to 36 months. For temporary agency workers, a broader rule on equivalent terms of employment already applies from 31 December 2026. Minors, pupils, students and people of state pension age (AOW-gerechtigden) who work on average no more than 16 hours a week keep an exception. Until 2028 the current law applies; so check now whether you received an offer of fixed hours after twelve months and whether you can rely on the legal presumption of working hours.
Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Last updated: 27 September 2026.
Is the Dutch Flexible Workers Act already in force?
Largely not yet. The act was published on 15 July 2026 in the Bulletin of Acts and Decrees (Stb. 2026, 205). The commencement decree (Stb. 2026, 206) sets three dates: some amendments to the Placement of Personnel by Intermediaries Act (Wet allocatie arbeidskrachten door intermediairs, Waadi) take effect on 31 December 2026 and 1 January 2027, and all amendments to the Dutch Civil Code (BW) on 1 January 2028.
On the reference date you therefore cannot yet rely on, for example, the 130 percent limit or the 36-month break, and your employer may not yet use those rules against you either. Today the current Articles 7:628a, 7:668a and 7:691 of the Dutch Civil Code (BW) apply as published on wetten.overheid.nl (in Dutch).
Who this overview is for, and who it is not for
This article is for employees with an employment contract that is flexible in hours, in duration or in both: on-call workers with a zero-hours contract or min-max contract, employees on fixed-term contracts, temporary agency workers and payroll employees. For minors, pupils, students and people of state pension age with a small job, it is mainly about the exceptions.
It is not intended for self-employed workers (zzp’ers) and platform workers without an employment contract. If your assignment feels like employment, first read whether you are an employee or a freelancer. For platform work there is only a draft bill, separate from this act; see the legal presumption for platform work (in Dutch).
Timeline: what changes when?
| Effective date | What changes | For whom | Statutory provision | What applies now |
|---|---|---|---|---|
| 31 December 2026 | Right to at least equivalent other terms of employment as the hirer’s permanent employees; deviation only by the agency’s Collective Labour Agreement (CLA, cao), provided the overall package remains equivalent | Temporary agency workers (not payroll) | Article 8(4) and (5) Waadi | Equal treatment for pay and working hours; deviation by CLA possible |
| 1 January 2027 | The minister can regulate the amount of the fee the agency charges if you join the hirer as an employee | Temporary agency workers | Article 9a(3) Waadi | Only a “reasonable fee” |
| 1 January 2027 | The ban on deployment during a strike also applies to the hirer | Temporary agency workers, hirers | Article 10 Waadi | Ban applies only to the agency |
| 1 January 2027 | The hirer also reports interim changes in terms of employment to the agency | Temporary agency and payroll workers | Article 12a Waadi | Notification only before the start |
| 1 January 2028 | Fixed working hours greater than zero | All employees, except the exceptions | Article 7:628aa BW | Zero-hours contract permitted |
| 1 January 2028 | Min-max contract: maximum of no more than 130 percent, fixed availability | Employees with varying hours | Article 7:628ab and 7:655(1)(o) BW | Min-max without a limit |
| 1 January 2028 | On-call contract remains available for minors, pupils, students and people of state pension age up to an average of 16 hours a week | These groups | Article 7:628ac BW | On-call contract for everyone |
| 1 January 2028 | New definition of the on-call contract | On-call workers | Article 7:628a BW | Definition in paragraph 9 |
| 1 January 2028 | Break in the chain of contracts from six to 36 months | Fixed-term employees | Article 7:668a and 7:667(4) BW | Six months |
| 1 January 2028 | Agency phase of 52 weeks, no temporary agency clause during sickness, separate agency chain | Temporary agency workers | Article 7:691 BW | 26 weeks, up to 78 by CLA |
| 1 January 2028 | Cross-references adjusted | Payroll employees | Article 7:692a BW | No temporary agency regime |
| 1 January 2028 | High unemployment insurance (WW) premium in any event for a written fixed-term contract or on-call contract | Employers | Article 27 of the Financing of Social Insurance Act (Wfsv) | Linked to the old definition |
| 1 January 2028 | Conversion of existing on-call contracts, transitional law for chains of contracts | Existing contracts | Articles 228 and 229 of the Transitional Act for the New Civil Code (Overgangswet NBW) | Not applicable |
Also new from 2028: your employer may not put you at a disadvantage because you enforce your rights as an employee, help someone else to do so or complain about it (Article 7:615 BW).
What you can already do now, until 1 January 2028
With an on-call contract you do not have to wait until 2028. The current law already gives you:
- The four-day rule. You do not have to accept a call-up made less than four days in advance; if your employer withdraws a call-up within that period, you keep your wages (Article 7:628a(2) and (3) BW, a CLA can shorten this to 24 hours). See wages when a call-up is cancelled.
- Offer after twelve months. Your employer must then, within one month, offer fixed hours at your average; otherwise you are entitled to wages for those hours (paragraphs 5 and 8). Read what to do if the offer is not made.
- The legal presumption. After three months you can argue that your average hours are your contractual working hours (rechtsvermoeden van arbeidsomvang, Article 7:610b BW). See the legal presumption of working hours.
For fixed-term contracts, a permanent contract now arises after more than three contracts or more than 36 months, with breaks of no more than six months. For certain positions, a CLA can extend that to 48 months and six contracts.
From 2028: fixed hours as the starting point (Article 7:628aa BW)
From 1 January 2028, every employment contract states a single number of hours greater than zero, per unit of time of no more than one year. An annual-hours arrangement is allowed, but if the period is longer than one month, your wages are spread evenly, paid at least monthly, and your employer, in consultation with you, ensures that you always know at least one quarter in advance when you must be available.
The three-hour rule remains: if you work fewer than 15 hours a week without fixed working times, you receive three hours’ wages for each work period shorter than three hours (paragraph 3). If valid working hours are missing, the weekly average over the last three months applies, with a minimum of three hours a week (paragraph 5).
From 2028: the min-max contract (Article 7:628ab BW)
If your employer wants flexibility, it can offer a min-max contract (bandbreedtecontract):
- No more than 130 percent. Per unit of time of no more than one quarter, the maximum is no more than 130 percent of the minimum. With a minimum of 10 hours, that is 13 hours.
- Fixed availability. The written statement lists the days and hours on which you can be called in (Article 7:655(1)(o) BW). Outside those times you do not have to work. A gap of three hours or less between two blocks counts as part of them.
- Four days. The call-up period and the wages for late cancellation also apply here; a CLA can shorten the period to no less than 24 hours.
- Offer after twelve months. Within one month an offer of fixed hours follows at no less than the average, taking effect no later than two months after the twelve months. If it is not made, you are entitled to wages for those hours (paragraph 9).
- Adding contracts together. Contracts with breaks of no more than 36 months (now six) count, including in the case of successive employers.
Deviating to the employee’s detriment is void (paragraph 13). However, for seasonal jobs that, because of weather or natural conditions, exist for no more than nine months a year, a CLA can switch off the four-day rule and the duty to make an offer (paragraph 10). If a valid minimum and maximum are missing, the average of the last three months applies, with a minimum of three hours a week (paragraph 11). Your current rights are explained under the min-max contract.
Exception for pupils, students and people of state pension age (Article 7:628ac BW)
For minors, pupils, students and people of state pension age who work on average no more than 16 hours a week, an on-call contract without fixed hours may remain. If a condition ceases to apply, for example because you graduate or start working more, your contract becomes a min-max contract from that moment, with your average over the past twelve months as the minimum. The details, such as who counts as a student and how the average is calculated, are in the separate article on zero-hours contracts and students under the new act.
New definition of the on-call contract (Article 7:628a BW)
The new Article 7:628a BW defines a contract as an on-call contract (oproepovereenkomst) if you receive no wages when you do not work, or if there is no min-max contract and the hours are not fixed as a single number per month (or per year with wages spread evenly). A min-max contract therefore no longer falls under it. The three-hour rule, the four-day rule and the duty to offer fixed hours after twelve months continue to apply to an on-call contract that is still permitted, such as for students.
Successive contracts: break from six to 36 months (Article 7:668a BW)
Now (until 1 January 2028): a break of more than six months interrupts the chain, after which the employer can start again with fixed-term contracts.
From 1 January 2028: only a break of more than 36 months interrupts the chain. The maximum remains three contracts or 36 months. The option for a CLA to extend this to 48 months and six contracts disappears; existing CLAs with such an arrangement continue to apply for no more than twelve months after 1 January 2028 (Article 228(5) Transitional Act for the New Civil Code).
For pupils and students working on average up to 16 hours, the break remains six months (new paragraph 11); combined with a CLA arrangement for recurring temporary work, that can become three months (new paragraph 15). Article 7:667(4) BW, on a fixed-term contract following a terminated permanent contract, also moves to 36 months. See also the rules on successive contracts.
Temporary agency work: a longer first phase and protection during sickness (Article 7:691 BW)
Now: for the first 26 weeks the rules on successive contracts do not apply, and a temporary agency clause (uitzendbeding) can end the contract as soon as the hirer stops. A CLA may extend that to 78 weeks and the chain to 48 months and six contracts.
From 1 January 2028:
- The phase without chain protection and with a temporary agency clause lasts 52 weeks; the extension to 78 weeks by CLA is no longer in the law.
- The temporary agency clause cannot be invoked for as long as you are sick (paragraph 2). How this works now is explained under the sick temporary agency worker and the temporary agency clause.
- After that, a separate agency chain applies (paragraph 8): a permanent contract after more than 24 months or more than six fixed-term agency contracts, with breaks of no more than 36 months.
- For the 52 weeks, work periods count with breaks of no more than 36 months (paragraph 4), or six months for pupils and students working up to 16 hours (paragraph 9).
- No pay when there is no work can only be agreed for the first 52 weeks at most (paragraph 7).
The current system is explained under phases A, B and C for temporary agency workers.
Payroll and unemployment insurance premium
For payroll employees, little changes in substance. The temporary agency regime already did not apply; Article 7:692a BW only refers to the new articles. You fall under the ordinary rules on successive contracts, in future with a 36-month break. See payroll and secondment.
Article 27 Wfsv provides that the high unemployment insurance (WW) premium applies in any event to a written fixed-term contract or an on-call contract. That premium is paid by your employer, not by you.
Transitional law: what happens to your existing contract?
- An existing on-call contract automatically becomes a min-max contract on 1 January 2028 (Article 228(1) Transitional Act for the New Civil Code). That does not apply if at that time you fall under the exception for pupils, students, minors or people of state pension age, if you are a temporary agency worker in the period in which no pay when there is no work is still permitted (Article 7:691(7) BW), or if your contract already meets the min-max requirements.
- The minimum becomes the average number of hours worked over the preceding twelve months; contracts with breaks of no more than six months are added together. For a shorter contract a separate calculation applies (paragraph 3).
- The first offer of fixed hours follows twelve months after 1 January 2028 (paragraph 2).
- Fixed-term and temporary agency contracts concluded before 1 January 2028 keep the old six-month break (paragraphs 4 and 6).
Article 229 provides an exception for people who work in a household and are paid from a personal budget (persoonsgebonden budget, pgb). For them there is no conversion to min-max, an on-call contract remains possible and the break remains six months, until a moment to be set by Royal Decree, no earlier than 2030.
Fictitious example: on-call worker with a contract since 2025
Fictitious example. Assumptions: Samira (32) has worked at a lunchroom on a zero-hours contract for an indefinite period since 1 March 2025. She is not a student, no CLA exception applies and she has never accepted fixed hours. In 2027 she works 936 hours, an average of 18 hours a week.
- Now: after twelve months, on 1 March 2026, her employer had to offer fixed hours within one month. If it did not, she can claim wages over the average. She can also invoke the legal presumption.
- 1 January 2028: her contract becomes a min-max contract with a minimum of 18 hours a week. The transitional law does not expressly say which maximum then applies; with the 130 percent limit, that is no more than 23.4 hours. Her employer must state her availability days and hours.
- 1 January 2029: her employer must offer fixed hours within one month, at no less than her average for 2028.
Had Samira already accepted fixed hours in 2026, she would no longer have an on-call contract and this conversion would not apply.
Step-by-step plan: how to prepare
- Establish which contract you have: on-call, min-max, fixed hours, fixed-term, temporary agency or payroll. Look at the arrangements on hours and pay, not at the title.
- Put all your contracts with this employer and any predecessors on a timeline, including breaks.
- Check whether you received an offer of fixed hours after twelve months. If not, request it in writing.
- Calculate your average hours over the last three and twelve months.
- Find out which CLA applies and whether it deviates.
- Do not wait too long with a wage claim; read about statutory limitation (verjaring) and interrupting it (in Dutch).
- Have your situation assessed before you sign a new contract or a termination.
Evidence to gather
- All employment contracts and renewal letters, including from previous employers or employment agencies for the same work.
- Payslips for at least the last twelve months, showing hours worked and paid.
- Schedules, call-up messages and cancellations with date and time (app, email, text message).
- Any offer of fixed hours and your response to it.
- The CLA that applies to your work.
- Proof of your studies or age if you claim an exception or, on the contrary, dispute it.
Frequently asked questions
Is the Dutch Flexible Workers Act already in force?
Largely not yet. The act has been published in the Bulletin of Acts and Decrees (Stb. 2026, 205). The rule on equivalent terms of employment for temporary agency workers applies from 31 December 2026, three smaller Waadi amendments from 1 January 2027 and all amendments to the Dutch Civil Code from 1 January 2028. Until that date the current rules on on-call contracts, successive contracts and temporary agency work apply.
What happens to my zero-hours contract on 1 January 2028?
If at that time you do not work on average no more than 16 hours a week as a minor, pupil, student or person of state pension age, your on-call contract automatically becomes a min-max contract. The minimum is your average number of hours worked over the preceding twelve months. Twelve months later, on 1 January 2029, your employer makes a first offer of fixed hours.
Will the new act automatically give me a permanent contract?
Not automatically. The act is about fixed hours and about the rules on successive contracts. A permanent contract only arises if you have had more than three fixed-term contracts or more than 36 months, with breaks of no more than 36 months from 2028. Contracts concluded before 1 January 2028 still fall under the six-month break.
Do I have to wait until 2028 to get fixed hours?
No. Under the current Article 7:628a(5) BW, your employer must already offer you fixed hours after every twelve months of on-call work. In addition, after three months you can rely on the legal presumption of Article 7:610b BW. These rights apply now and do not lapse because of the new act.
Can my employer call me in outside my availability from 2028?
Under a min-max contract you are not obliged to work then. Your employer must state in writing on which days and at which hours you can be called in. Outside those times you do not have to work. You do not have to accept a call-up made less than four days in advance, unless your CLA has a shorter period of no less than 24 hours.
Can I be dismissed through the temporary agency clause during sickness as a temporary agency worker from 2028?
From 1 January 2028 the temporary agency clause cannot be invoked for as long as you are unable to work due to sickness. The phase in which such a clause operates then lasts no more than 52 weeks. Until 2028 the current law applies; if your contract is terminated during sickness, have its validity assessed now.
Want to know how this fits in with your other rights as an on-call, temporary agency or fixed-term worker? Then look at the overview employment law for flexible workers. Unsure whether your employer already owes you an offer of fixed hours, or what will happen to your contract in 2028? Have your contract assessed.
Sources and legal basis
- Bulletin of Acts and Decrees (Stb. 2026, 205) (in Dutch): Dutch Flexible Workers Act, amending Book 7 BW, the Waadi, the Wfsv and Articles 228 and 229 of the Transitional Act for the New Civil Code.
- Bulletin of Acts and Decrees (Stb. 2026, 206) (in Dutch): commencement decree with explanatory note.
- Dutch Civil Code, Book 7 (in Dutch), current text: Articles 7:610b, 7:628a, 7:668a, 7:691 and 7:692a.
- Placement of Personnel by Intermediaries Act (Waadi) (in Dutch), current text: Articles 8, 9a, 10 and 12a.
- Dutch government, 8 July 2026: More certainty for people on a flexible contract (in Dutch).
Sources consulted on 27 September 2026. The examples are fictitious; the consequences for your contract depend on your contract history and CLA.
