On-call contract ended and no transition payment received?
Even with a zero-hours contract or a min-max contract, you are in principle entitled to a transition payment if your employer terminates or does not renew the contract. With variable hours, the average over the last twelve months counts, and you must go to the subdistrict court within three months of the end if the employer does not pay.
- We establish when your contract ended and on whose initiative.
- We recalculate your monthly wage using the hours on your payslips.
- We file a petition in time if the expiry period is about to run out.
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Reference date 27 September 2026
As an on-call worker, you are entitled from day one to a transition payment (transitievergoeding) if your employer gives notice, has the contract dissolved or does not renew a temporary contract (Article 7:673 of the Dutch Civil Code (BW)): one third of a monthly wage per year of service, and a proportional amount for the remainder. With variable hours, the monthly wage is your gross hourly wage multiplied by the average number of hours worked per month over the last twelve months, plus holiday allowance among other things. You are not entitled if you resign yourself or refuse a renewal, unless your employer acted in a seriously culpable way. If the employer does not pay, you must file a petition within three months of the end.
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.
Urgent: did your contract end almost three months ago? Do not wait for your employer. The period keeps running, even if you have sent a letter.
Here you can read what is different for on-call work: has your contract actually ended, which wage counts with variable hours, and which documents do you need. The general rules are in our explanation of the transition payment in 2026.
When are you entitled to a transition payment as an on-call worker?
The law makes no distinction between fixed hours and on-call work. Article 7:673 BW gives you a transition payment if your employer gives notice, has the contract dissolved or does not renew a temporary contract.
This article is intended for you if you work with:
- a zero-hours contract (nulurencontract) or another on-call contract (oproepovereenkomst) without fixed hours;
- a min-max contract, which states a minimum and a maximum number of hours;
It is not intended for self-employed workers and freelancers: without an employment contract, there is no transition payment. If you are unsure whether you are in fact an employee, first read about false self-employment. If you work through an employment agency, temporary agency work (uitzendwerk) partly has its own rules (see below).
When does an on-call contract actually end?
This is the biggest pitfall. Many employers simply stop scheduling you and say nothing. Legally, your contract has then usually not ended, and without an end there is no transition payment.
Your temporary on-call contract expires
If your contract has an end date and your employer does not offer a new contract, it ends by operation of law and the transition payment is due (Article 7:673(1)(a)(3°) BW). If the contract lasted six months or longer and your employer did not inform you in writing at least one month in advance whether it would renew, you will also receive a notice compensation (aanzegvergoeding) of up to one monthly wage (Article 7:668 BW).
If, before the end, you have already concluded a new contract with the same employer that starts within six months and can be terminated early, there is no transition payment. See also the transition payment with temporary contracts.
Your employer no longer calls you in
An on-call contract for an indefinite period continues as long as nobody terminates it. If you are no longer scheduled, you are formally still employed. The consequences:
- You are not yet entitled to a transition payment, because the contract has not ended.
- You may, however, be entitled to wages. After the first six months, an arrangement that you are only paid for hours worked in principle no longer applies (Article 7:628(5) BW; a Collective Labour Agreement (CLA, cao) can extend this). Through the legal presumption of the scope of employment (rechtsvermoeden van arbeidsomvang, Article 7:610b BW), you can then claim wages based on the average of the three months before the call-ups stopped.
Read more about the legal presumption of the scope of employment and when your employer may no longer call you in. If your employer wants to end the relationship, it must give notice through the Employee Insurance Agency (UWV), request dissolution or propose a settlement agreement. If you receive neither work nor wages, you can ask the subdistrict court (kantonrechter) to dissolve the contract because of seriously culpable conduct by your employer. If that request is granted, you are entitled to the transition payment and the court may award fair compensation (billijke vergoeding) (Article 7:671c BW).
You resign yourself or refuse a renewal
If you give notice yourself, or do not accept an offered renewal, there is no transition payment. The exception is seriously culpable acts or omissions by your employer, for example if it structurally withholds wages (Article 7:673(1)(b) BW). Record that reason in writing before you leave. If you refuse a renewal on clearly worse terms, whether the end is attributed to you or to your employer depends on the circumstances.
Agency worker with an agency clause
With a valid agency clause (uitzendbeding), your temporary agency contract in principle ends by operation of law as soon as the hirer stops (Article 7:691(2) BW). Even then, there is in principle a right to a transition payment from the employment agency. See the transition payment for agency workers.
Calculating the transition payment as an on-call worker: which monthly wage counts?
You receive one third of a monthly wage per year of service and a proportional amount for the remainder (Article 7:673(2) BW). The difference lies in the monthly wage, which you determine using the Decree on the concept of wages for the notice compensation and transition payment (Besluit loonbegrip vergoeding aanzegtermijn en transitievergoeding, in Dutch):
- Basis (Article 2(1) of the Decree). If no working hours or variable working hours were agreed, the monthly wage is your gross hourly wage multiplied by the average number of hours worked per month in the twelve months before the contract ended. If the contract was shorter, the average over its entire duration applies.
- Holiday allowance and fixed year-end bonus (Article 3(1)(a)). One twelfth of what you would receive in twelve months if you had continued working. By law, holiday allowance is at least 8% of wages (Article 15 of the Minimum Wage and Minimum Holiday Allowance Act); your CLA may provide more.
- Fixed wage components (Article 3(1)(b)). Overtime payments and shift allowances that were owed in the last twelve months, divided by twelve (Article 4 of the Regulation on wage components and working hours, in Dutch).
- Variable wage components (Article 3(1)(c)). Bonuses, profit distributions and variable year-end bonuses from the three calendar years before the year of the end, divided by 36.
If holiday allowance is already included in an all-in hourly wage, do not count it twice.
Sickness, leave and empty months
Periods in which you were sick, on leave or on strike do not count towards the average (Article 2(1) of the Regulation). If these total 30 days or more, then for every 30 days you take a calendar month without such a period immediately preceding the twelve months (Article 2(2)). A month without call-ups is not leave: as a rule, it counts with zero hours and lowers the average.
Years of service: earlier contracts count
For the duration, you count all contracts with the same employer that followed each other with intervals of no more than six months (Article 7:673(4)(b) BW). This also applies with a successive employer for the same work, such as first through an employment agency and then directly. If there was more than six months in between, the count starts again; seasonal workers should therefore check the dates for each break. If you already received a transition payment at an earlier end, that amount is deducted (paragraph 5).
For a quick indication, you can enter the average monthly wage in our transition payment calculator.
Fictitious calculation example with variable hours
Fictitious calculation example. Assumptions: zero-hours contract, first from 1 May 2024 up to and including 30 April 2025 and then immediately from 1 May 2025 up to and including 30 September 2026. The employer does not renew. Together 2 years and 5 months. Fictitious gross hourly wage €15.00 (this is not a minimum wage amount). Holiday allowance 8%. Shift allowance in the last twelve months totalling €360.00 gross. No sickness, no bonus, no year-end bonus. All amounts gross.
| Month | Hours worked | Gross basic wage (hours × €15.00) |
|---|---|---|
| October 2025 | 60 | €900.00 |
| November 2025 | 72 | €1,080.00 |
| December 2025 | 90 | €1,350.00 |
| January 2026 | 48 | €720.00 |
| February 2026 | 55 | €825.00 |
| March 2026 | 64 | €960.00 |
| April 2026 | 70 | €1,050.00 |
| May 2026 | 82 | €1,230.00 |
| June 2026 | 76 | €1,140.00 |
| July 2026 | 58 | €870.00 |
| August 2026 | 40 | €600.00 |
| September 2026 | 65 | €975.00 |
| Total | 780 | €11,700.00 |
| Step | Calculation | Result |
|---|---|---|
| Average number of hours per month | 780 ÷ 12 | 65 hours |
| Basic monthly wage | 65 × €15.00 | €975.00 |
| Holiday allowance | 8% × €975.00 | €78.00 |
| Shift allowance | €360.00 ÷ 12 | €30.00 |
| Monthly wage for the transition payment | €975.00 + €78.00 + €30.00 | €1,083.00 |
| Two full years of service | 2 × (€1,083.00 ÷ 3) | €722.00 |
| Remaining 5 months | 5/12 × €361.00 | €150.42 |
| Transition payment | €722.00 + €150.42 | €872.42 gross |
Two remarks. The Dutch government calculates the part under one year using the wage you actually received in that period, divided by the monthly wage (calculation method of the Dutch government, in Dutch). Using only the basic wage from May up to and including September 2026 (321 hours, €4,815.00), you then arrive at €133.75 instead of €150.42. If you were sick for the whole of February 2026, February drops out and September 2025 counts instead. If you worked 70 hours then, the average becomes (780 – 55 + 70) ÷ 12 = 66.25 hours.
Exceptions: minors, CLA and seriously culpable conduct
- Under 18. If your contract ends before your eighteenth birthday and you worked on average no more than twelve hours a week, no transition payment is due (Article 7:673(7)(a) BW). If you continue working after turning eighteen, months before your eighteenth birthday with an average of no more than twelve hours a week do not count towards the duration (paragraph 4(a)).
- State pension (AOW) age or pension age. End because of that age: no transition payment (paragraph 7(b)).
- Seriously culpable conduct on your part. The payment then lapses (paragraph 7(c)), although the court may still award it if not awarding it would be unacceptable (paragraph 8). See dismissal due to culpable conduct.
- CLA. In the case of dismissal for business economic reasons, a CLA can provide an alternative arrangement instead of the transition payment (Article 7:673b BW). A CLA can also extend the period in which you are only paid for hours worked. So check which CLA applies.
- Bankruptcy. In the event of bankruptcy, a suspension of payments or a debt restructuring of the employer, the payment is no longer due (Article 7:673c(1) BW).
Compensation overview: what else can you claim?
Each amount has its own legal basis and deadline.
| Compensation | When | Legal basis | Deadline |
|---|---|---|---|
| Transition payment | End on the employer’s initiative, or due to its seriously culpable conduct | Article 7:673 BW | Petition within 3 months of the end (expiry period) |
| Notice compensation | Temporary contract of 6 months or longer, no notice or late notice of (non-)renewal | Article 7:668(3) BW | Petition within 3 months of the moment the notice obligation arose, so one month before the end date (expiry period) |
| Fair compensation | Seriously culpable acts or omissions by the employer | Among others Articles 7:671c, 7:673(9) and 7:681 BW | Depends on the route: with dissolution at your request during employment, with non-renewal 3 months after the end, with wrongful notice 2 months (expiry period) |
| Holiday allowance in the final settlement | Allowance not yet paid over the period worked | Article 15 Minimum Wage Act (Wml) and your contract or CLA | Limitation period 5 years |
| Untaken holiday days | Remaining days at the end are paid out | Article 7:641 BW | Statutory days in principle lapse 6 months after the year in which they were accrued (Article 7:640a BW); other days become time-barred after 5 years |
| Wages under the legal presumption or the offer after 12 months | Fewer or no call-ups while you remained employed | Articles 7:610b and 7:628a(5) and (8) BW | Limitation period 5 years per wage instalment (Article 3:308 BW) |
| Compensation in a settlement agreement | End by mutual consent | Agreement between the parties | What you agree; 14 days to reconsider (Article 7:670b BW) |
With a settlement agreement (vaststellingsovereenkomst), the statutory right to a transition payment does not arise by operation of law; you receive what you agree. The statutory calculation is, however, a good benchmark, see the transition payment in a settlement agreement. On fair compensation: see fair compensation in addition to the transition payment.
Zero-hours contract and min-max contract: now and from 1 January 2028
Now (until 1 January 2028). A zero-hours contract and a min-max contract are both on-call contracts within the meaning of Article 7:628a BW. With a min-max contract no fixed working hours have been agreed, so as a rule the average number of hours worked counts for the monthly wage, not the minimum in your contract.
From 1 January 2028. The Act on More Security for Flexible Workers (Wet meer zekerheid flexwerkers, Bulletin of Acts and Decrees (Stb. 2026, 205)) has been passed and published; according to Stb. 2026, 206, its main parts apply from 1 January 2028. Zero-hours contracts will then largely disappear. The basis becomes a contract with a fixed number of hours greater than zero (new Article 7:628aa BW) or a min-max contract in which the maximum per quarter is no more than 130% of the minimum (new Article 7:628ab BW). Existing on-call contracts will then usually count as min-max contracts. Article 7:673 BW does not change under this Act. Whether the Decree on the concept of wages will be amended is not known on the reference date. If your contract ends before 2028, current law applies in any event.
Employer does not pay: step-by-step plan
The transition payment must in principle be paid within one month of the end; after that, statutory interest is due (Article 7:686a(1) BW). Under certain conditions, the employer may pay in instalments (Article 7:673c(2) BW).
- Write down the end date and how the contract ended: end date, notice, dissolution or agency clause.
- Count three months from the day after the end date and put that date in your diary.
- Check the exceptions above.
- Collect the payslips from the last twelve months and all contracts.
- Calculate the payment as in the calculation example and compare it with your final settlement.
- Request payment in writing, with your calculation and a short deadline, for example seven days.
- If no payment follows, have a petition filed with the subdistrict court before the three months have passed.
Expiry period and limitation: not the same
The request for the transition payment lapses three months after the day on which your contract ended (Article 7:686a(4)(b) BW). An expiry period (vervaltermijn) cannot be interrupted: only a timely petition or full payment saves your claim. Wages and holiday allowance become time-barred after five years, and that statutory limitation (verjaring) can be interrupted by a letter. See a wage claim and interrupting the limitation period (in Dutch).
Which documents do you need for your final settlement?
With on-call work, the hours are not in your contract; your evidence is in payslips and schedules. General explanation: the final settlement of pay on dismissal.
- All contracts and renewals, including old ones and those through an employment agency.
- Payslips from the last twelve months; in case of sickness or leave, also the months before.
- Annual statements, if payslips are missing.
- Schedules, call-up messages and screenshots of the scheduling app.
- The message about non-renewal or notice, or the notice letter on (non-)renewal.
- The final settlement, broken down into holiday allowance, holiday days and transition payment.
- The statement of remaining holiday days (Article 7:641(2) BW).
- Sickness reports and leave requests in the last twelve months.
- The applicable CLA.
- Any (draft) settlement agreement.
Frequently asked questions
Am I entitled to a transition payment with a zero-hours contract?
Yes, if your employer gives notice, has the contract dissolved or does not renew a temporary contract, however short the contract was. If you were under 18 at the end and worked on average no more than twelve hours a week, there is no entitlement.
Which wage counts with variable hours?
Your gross hourly wage multiplied by the average number of hours worked per month in the twelve months before the end. To this you add one twelfth of the holiday allowance, plus overtime payments and shift allowances from those twelve months divided by twelve. Sickness and leave do not count towards the average.
My employer no longer calls me in. Do I now get a transition payment?
Not yet. An on-call contract for an indefinite period does not end because you are no longer scheduled. You can, however, claim wages through the legal presumption of the scope of employment, or request dissolution because of seriously culpable conduct by your employer. If that is granted, a transition payment follows.
Is a letter to the employer enough to protect my right?
No. The transition payment is subject to an expiry period of three months after the end of the contract, which you cannot interrupt with a letter. If your employer does not pay, a petition must be with the subdistrict court within that period.
What is the difference with compensation in a settlement agreement?
With a settlement agreement, the contract ends by mutual consent and the statutory right does not arise by operation of law. You receive what you agree; the statutory calculation is a useful benchmark.
Does a month without call-ups count towards the average?
As a rule, yes. A month without call-ups is not sickness or leave and then counts with zero hours, which lowers the average. If you were entitled to wages in that month through the legal presumption, have the calculation checked.
More about flexible work can be found in the overview employment law for flexible workers and on the page your rights as an on-call worker. Has your on-call contract ended and is your final settlement incorrect, or is the three-month period almost over? Get in touch and we will recalculate your transition payment and monitor the deadline. If you want to know how we handle such a case, see our help with the transition payment.
Sources and legal basis
- Article 7:673 BW (in Dutch), transition payment: basis, calculation, aggregation, exceptions and maximum of €102,000 as of 1 January 2026.
- Article 7:686a BW (in Dutch), statutory interest and three-month expiry period (paragraph 4(b)).
- Article 7:668 BW (in Dutch), obligation to give notice of (non-)renewal and notice compensation.
- Article 7:610b BW (in Dutch), legal presumption of the scope of employment, and Article 7:628a BW (in Dutch), on-call contract.
- Decree on the concept of wages for the notice compensation and transition payment (BWBR0035998, in Dutch), Articles 2 and 3.
- Regulation on wage components and working hours (BWBR0035984, in Dutch), Articles 2, 4 and 5.
- Article 15 of the Minimum Wage and Minimum Holiday Allowance Act (in Dutch), holiday allowance of at least 8%.
- Dutch government: how high is the transition payment (in Dutch), calculation method and 2026 maximum.
- Dutch government: am I entitled to a transition payment (in Dutch), exceptions and payment.
- Bulletin of Acts and Decrees (Stb. 2026, 205) (in Dutch), Act on More Security for Flexible Workers, and Bulletin of Acts and Decrees (Stb. 2026, 206) (in Dutch), entry into force.
Sources consulted on 27 September 2026. The examples are fictitious; your own calculation depends on your payslips, contracts and CLA.
