A side job is also an employment relationship

In a side job, arrangements are sometimes made quickly: a message about a shift, a contract in a staff portal and a roster that changes every week. This can make it unclear which arrangements are fixed and what the employer may change. Precisely when hours vary, it makes sense to keep your own overview. Record not only the hours worked, but also shifts offered, confirmed and withdrawn.

You can come to us with questions about wage arrears, illness, contract renewal, dismissal and an offered settlement agreement. We do not assess your situation only by your job title or the number of hours. What matters is the content of the arrangements and the way in which work was actually done.

Want to know which other topics fall under employment law? Our national employment law page gives the full overview. This Utrecht page pays extra attention to on-call work, student jobs and uncertainty about the number of paid hours.

Zero-hours contract or min-max contract: start with the difference

With a zero-hours contract, no fixed number of working hours has been agreed in advance. With a min-max contract, there is a minimum and a maximum. That difference is relevant to the assessment of your wage claim. The guaranteed minimum under a min-max contract cannot, without further explanation, be treated as if you had no agreed hours at all.

Also look at any arrangements in the collective labour agreement and at how the contract has worked in practice. Have you worked much more than the minimum for a longer period? Or are you repeatedly called in for short shifts? Then other rules may come into play. The mere name ‘flexible contract’ does not tell you which wage claim is possible. All contracts, addenda and rosters are relevant to that.

Read more about rights under a min-max contract and the Dutch government’s explanation of contract types for on-call workers. Those general rules must always be applied to your own contract and the applicable collective labour agreement.

A shift is cancelled: are you still owed your pay?

For on-call work, the starting point is a call-up period of four calendar days. If a call-up is withdrawn or changed within that period, there may be an entitlement to pay for the original call-up. A collective labour agreement may, under certain conditions, shorten the period to no less than one day. There are also special situations and exceptions. The relevant period must therefore be established first before a specific payment is calculated.

Keep the original call-up, the time of confirmation and the message in which the shift is changed. Bear in mind that an app sometimes shows only the most recent roster. A dated screenshot or a confirmation message can help reconstruct the course of events. Also note whether you asked for the change yourself; that is something different from a unilateral withdrawal by your employer.

Under statutory conditions, there may also be a minimum entitlement to three hours’ pay per call-up. That does not simply apply to every employee with a short shift. The nature of the arrangements on hours and the size of the contract must be examined. Further explanation can be found on our page about pay when a call-up is cancelled.

Fictional example: a shift disappears from the app

A student has a shift confirmed and sees it disappear from the roster app shortly before it starts. The employer says it is quiet. For the assessment, the original call-up, the moment of withdrawal and the applicable collective labour agreement are examined. It can then be established whether pay must be paid for that shift. This example does not describe an actual client or a won case.

Structurally more hours: three months and twelve months are not the same

If you work according to a pattern for a longer period, the actual hours may play a role in determining the size of the employment contract. The legal presumption as to the scope of employment uses, under certain conditions, a reference period of three months. That is a starting point under the law of evidence which the employer can rebut, for example if the chosen period is not representative. So it does not mean that every average is automatically final.

In addition, there is a separate rule for on-call contracts about offering fixed hours after twelve months. In principle, this concerns the average over the preceding twelve months and an offer within the period that applies to it. Whether the rule applies in your situation must be assessed on the basis of the contract and any exceptions.

What matters is the difference between fixed hours and a permanent contract. An agreement on the number of working hours does not automatically make a temporary contract open-ended. Conversely, a permanent employment contract can still give rise to disputes about the number of hours. Read more about no offer of fixed hours after twelve months. Bring any offer letter and your response to it to the meeting.

Ill while in a side job or on an on-call contract

Even in flexible work, illness can have consequences for pay and obligations. Which entitlement exists depends, among other things, on your contract, any call-up, guaranteed hours and the pattern in which you worked. The conclusion ‘no permanent contract, so no sick pay’ is too hasty. Nor can it be promised without investigation that every on-call worker will always continue to receive the same pay.

Report sick according to the agreed procedure and keep the confirmation. During the legal assessment, state which shifts you had already been scheduled for, which hours were guaranteed and whether your contract is due to end soon. With a temporary contract, the end of the agreed term during illness can create a different situation from a dismissal because of illness.

Do not share unnecessary medical details through a general contact form. For an initial assessment, the contract, relevant messages and the schedule are often more important than your diagnosis. Read more about being ill on a zero-hours contract and the Dutch government’s general explanation of pay during illness.

Temporary contract, probationary period and non-renewal

A temporary contract can raise questions about the end date, early termination and successive contracts. So gather all contracts and renewals in chronological order. Also note any breaks. Assessing a chain of contracts requires more information than just the date on your last contract.

For a probationary period, it is not the case that every clause included is automatically valid. For example, no probationary period may be agreed in a temporary contract of six months or less. Other cases have their own conditions and maximum duration. The Dutch government’s explanation of the probationary period sets out general principles for this.

If a contract is not renewed, there may still be questions about the final settlement and any transition payment. A contract that expires does not mean that every financial matter has thereby been dealt with. An assessment can be useful precisely after you are told the contract will not be renewed, as long as the relevant time limits can still be monitored.

Dismissal or a settlement agreement in a small job

Even in a side job, an employer may offer a termination agreement. In that case, have it assessed whether the proposed end date, compensation and final discharge fit your situation. A limited number of hours does not make signing free of consequences. Sometimes a single clause also settles outstanding pay items or arrangements about costs.

In the case of summary dismissal, a time limit of two months in principle applies for challenging the dismissal in court. That time limit does not apply only to employees with a full-time job. In the event of a possible dismissal, it must therefore be established straight away exactly what happened and when. Consult the Judiciary’s information on dismissal and our page on settlement agreements.

On termination by mutual consent, a statutory transition payment is not automatically due. The parties can, however, agree on compensation. The cooling-off period and possible consequences for benefits also deserve attention. Ask for an explanation before you agree to a document that your employer says is only a formality.

Reconstructing your roster without making it more complicated

For an assessment of flexible work, a simple overview is often more valuable than a collection of loose screenshots without context. For each week, set out the guaranteed hours, scheduled hours, hours worked and hours paid side by side. Add when a shift was changed and by whom. Keep the original files; your overview is an aid and does not replace the evidence.

Distinguish between availability and a shift that has actually been agreed. The fact that you said you could work on Saturday does not always mean the same as a specific call-up for that Saturday. Your own request to swap a shift must also remain recognisable. An accurate overview prevents valid and uncertain items from getting mixed up.

During the assessment, we determine which differences are legally relevant. For example, we can look at missing pay, the size of the employment relationship and any consequences of a termination. For pay issues, you will find additional information on our page about wage claims.

Costs and contact with our Utrecht office

The first consultation is free of charge. For any follow-up, we clearly agree which work will be carried out and what the costs are. Where the financial interest is limited, we also discuss the balance between the possible outcome, the costs and the risks. Not every small wage claim calls for the same approach as extensive dismissal proceedings.

Legal expenses insurance or subsidised legal aid may be relevant under certain conditions. The Legal Aid Board decides on a legal aid certificate (toevoeging); income, assets and the interest at stake in the case play a role. A personal contribution may apply. See the information on the costs of legal aid. Do not assume that the word ‘student’ in itself entitles you to free legal assistance.

Our office in Utrecht is at Atoomweg 63, 3542 AA Utrecht. Colleagues of Arslan Advocaten work here. Within our team, we decide who will handle your employment law question. Call 030 747 0038 and let us know about any urgency and your language preference. Support in Dutch, English, Turkish and Polish is available within the firm. More information can be found on the Utrecht location page and in the profile of employment lawyer Onur Arslan.

Frequently asked questions about employment law in Utrecht