Many young people work on a zero-hours contract.
That seems flexible, but in practice it often creates uncertainty. From one day to the next, you get no more shifts. No explanation, no notice, no pay.Can they just do that?
No, not always.In this blog, we clearly explain when an employer may stop calling you in and when they may not
, what rights you have and what you can do.
What exactly is a zero-hours contract?
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With a zero-hours contract:do you have
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no fixed hours
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are you called in when there is work
do you only get paid for hours workedBut importantly: even with a zero-hours contract you are still an employee
. So you have rights.
Can your employer stop calling you in?
The short answer: sometimes yes, often no.
It depends on the situation.
Situation 1: you have been working fixed hours for a long time
-
Do you work:
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the same days for months?
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consistently the same number of hours?
according to a fixed pattern?Then there may be a legal presumption of working hours
.That means that your average number of hours counts as an agreement
is seen.👉 In that case, an employer may not simply
stop calling you in anymore.
Situation 2: no call-ups = dismissal in disguise
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Some employers try to “circumvent” dismissal by:
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not scheduling you anymore
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saying nothing officially
hoping that you quit on your ownBut legally, this can be seen as termination of the contract
.And for that, there are dismissal rules
.
Situation 3: calling in sick with a zero-hours contract
Are you sick and does the employer then stop calling you in?Then that is suspicious
.
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Even with a zero-hours contract, the following may apply:
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right to continued pay
protection against detriment due to illness“Then we’ll just stop scheduling you” is not a valid solution
.
Situation 4: the employer says nothing
No WhatsApp message, no email, no explanation.
Just silence.👉 That means not automatically
that you no longer have any rights.What’s more: often you are legally actually stronger
.
When is stopping call-ups allowed?
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An employer may stop issuing call-ups if:
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you really worked only occasionally
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there was no fixed pattern
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the contract terminates lawfully
there is a clear reason that is correctly applied
But even then, rules apply.
Are you entitled to wages without being called in?In some situations: yes
.
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For example if:
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you worked regularly
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you were available
the employer unjustly does not call you in
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Then you may be entitled to:
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continued payment of wages
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back pay for missed hours
sometimes compensation
What should you do if you are no longer called in?
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Use this step-by-step plan:
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Ask in writing why you are not being scheduled
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Check how long and how often you worked
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Keep schedules, app messages, and payslips
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Stay available for work
Get a legal review of whether this is allowed
Don’t immediately assume “it will probably be allowed”.
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Common mistakes made by young people
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thinking that a zero-hours contract gives no rights
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resigning on your own
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not getting in touch
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not keeping evidence
waiting too longThat’s a shame. In many cases there can be further action
be taken.
Are you unsure about your situation?
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Do you work with a:
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zero-hours contract
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on-call contract
flexible part-time joband are you suddenly no longer being called in
?Then let us know Let’s check
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. Often it turns out that:
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the employer is going too far
-
you are entitled to wages
the “quiet firing” is not valid
Understanding the Legal Protections Around Zero-Hours Contracts in the Netherlands
In the Netherlands, zero-hours contracts are subject to specific legal frameworks designed to protect employees from unfair treatment. Under Dutch law, if you have been working a consistent pattern of hours, your employer cannot simply stop offering you shifts without risking a legal claim for dismissal or unfair labour practices.
For example, if you have been regularly working 16 hours per week over several months, the law may recognize this as a de facto fixed contract for those hours. This means your employer must adhere to the rules governing fixed-hour contracts, such as providing notice before reducing your hours or terminating your contract.
Practical Advice for Employees on Zero-Hours Contracts
- Keep records: Document your work schedule, hours worked, and any communications with your employer about shifts. This evidence can be crucial if disputes arise.
- Know your rights: Even with a zero-hours contract, you have rights to fair treatment, minimum wage, and protection against discrimination.
- Ask for clarity: If your employer reduces your hours or stops calling you in, request a written explanation and check whether this aligns with your contract and Dutch labour laws.
- Seek legal advice early: If you suspect your employer is unlawfully withholding work or trying to terminate your contract without proper procedure, contact a legal expert to understand your options.
When Does No Call-Up Amount to Unlawful Dismissal?
In some cases, an employer’s failure to call you in for work can be considered a dismissal in disguise. This happens when the employer effectively ends your employment by refusing to offer any hours, without following the formal dismissal procedures required under Dutch law.
Dismissal procedures in the Netherlands require valid reasons, such as economic necessity or personal performance issues, and often need approval from the Employee Insurance Agency (UWV) or a court. Ignoring these steps can render the dismissal unlawful, entitling you to compensation or reinstatement.
Employer Obligations and Employee Protections
- Employers must provide clear contracts outlining the nature of zero-hours arrangements.
- They cannot use zero-hours contracts to avoid paying minimum wages or social security contributions.
- Employees have the right to request a contract with fixed hours after three years of working regular patterns.
- The labour inspectorate monitors compliance and may intervene if employers abuse zero-hours contracts.
Conclusion: Know Your Rights and Get Professional Support
Zero-hours contracts offer flexibility but can also lead to insecurity if employers misuse them. Understanding your legal rights under Dutch labour law is essential to ensure fair treatment and job security. If you believe your employer is unlawfully stopping your shifts or effectively dismissing you without proper procedure, do not hesitate to seek expert legal advice.
Arslan & Arslan Advocaten specialize in employment law and can help you navigate disputes related to zero-hours contracts. Contact us today for a consultation and protect your rights in the workplace.
Frequently Asked Questions
Am I still considered an employee if I work on a zero-hours contract?
Yes, even with a zero-hours contract, you are legally considered an employee and have certain rights. This includes protection against unfair dismissal and entitlement to pay for hours worked.
Can my employer stop calling me in without warning?
It depends on the situation. If you’ve been working fixed hours for a long time or have a regular pattern, your employer may not be allowed to stop calling you without a valid reason or proper notice.
What should I do if my employer stops calling me without explanation?
You should ask your employer in writing why you are not being scheduled and review how often and how long you have been working. If you believe your rights are being violated, seek legal advice or assistance.
Am I entitled to wages if my employer stops calling me without dismissing me officially?
Yes, if you have been working regularly and are available for work, you may be entitled to continued wages and back pay for missed hours, even if you are not called in. You should document your work pattern and seek legal guidance if necessary.