Many young people work on a zero-hours contract. That looks flexible, but in practice it often creates insecurity. From one day to the next you get no more shifts. No explanation, no message, no pay.
Is that allowed? No, not always.
This article explains clearly when an employer may stop calling you in and when it may not, what rights you have and what you can do.
What exactly is a zero-hours contract?
On a zero-hours contract:
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you have no fixed hours
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you are called in when there is work
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you are only paid for hours worked
Important, though: even on a zero-hours contract you are an employee like any other. So you have rights.
May your employer stop calling you in?
The short answer: sometimes yes, often not.
It depends on the situation.
Situation 1: you have been working fixed hours for some time
Do you work:
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the same days for months?
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structurally the same number of hours?
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to a settled pattern?
There may then be a legal presumption as to scope of work.
That means your average number of hours is treated as an agreement .
👉 In that case an employer may not simply stop calling you in.
Situation 2: no shifts amounts to disguised dismissal
Some employers try to “get around” dismissal by:
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no longer rostering you
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saying nothing official
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hoping you will quit yourself
Legally, however, this can be regarded as termination of the contract.
And that is subject to dismissal rules.
Situation 3: reporting sick on a zero-hours contract
Are you ill, and does the employer then stop calling you in?
That is suspect.
On a zero-hours contract too, there can be:
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a right to continued pay
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protection against being disadvantaged because of illness
“Then we just won’t roster you again” is not a valid answer.
Situation 4: the employer says nothing
No message, no e-mail, no explanation.
Just silence.
👉 That does not automatically mean you no longer have rights.
On the contrary: legally you are often in a stronger position.
When is stopping the shifts allowed?
An employer may stop calling you in where:
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you genuinely worked only occasionally
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there was no settled pattern
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the contract validly comes to an end
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there is a clear reason that is applied correctly
But rules apply there too.
Are you entitled to pay without being called in?
In some situations: yes.
For example where:
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you worked structurally
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you were available
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the employer wrongly fails to call you in
You may then be entitled to:
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continued pay
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back pay for the hours missed
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sometimes compensation
What should you do if you are no longer called in?
Use these steps:
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Ask in writing why you are not being rostered
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Check how long and how often you worked
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Keep rosters, messages and payslips
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Remain available for work
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Have it assessed legally whether this is allowed
Do not simply assume “it must be allowed”.
Common mistakes young people make
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thinking a zero-hours contract gives no rights
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resigning yourself
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not getting in touch
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not keeping evidence
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waiting too long
That is a shame. In many cases action can still be taken.
Unsure about your situation?
Do you work on:
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zero-hours contract
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an on-call contract
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a flexible side job
and are you suddenly no longer called in?
Then have it checked. It often turns out that:
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the employer is going too far
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you are entitled to pay
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the “silent dismissal” is not valid
👉 Feel free to get in touch to have your situation assessed.
Related legal services
Practical tips for dealing with a zero-hours contract
Working on a zero-hours contract brings uncertainty, but there are ways to protect your rights and get clarity about your position.
- Ask for clarity about your working pattern: If you regularly work fixed days and times, it is wise to record that in writing. It can help later when claiming fixed hours.
- Keep your roster and hours worked: Keep a record of every shift you worked, including cancellations and changes. That evidence can be crucial in a workplace dispute.
- Talk to your employer: Ask for the reason if you are suddenly no longer called in. Sometimes there is a legitimate reason, such as less work, but good communication prevents misunderstandings.
- Know your rights if you are refused shifts: If you structurally work the same hours, the presumption as to the scope of work can apply and you are protected against the shifts simply stopping.
- Be alert to false self-employment: A zero-hours contract is sometimes used to spare employers their obligations. Where you in fact function as a permanent employee, the position may be assessed differently in law.
What does Dutch law say about shifts on zero-hours contracts?
Under Dutch employment law a zero-hours contract is a form of employment contract in which the employer is not obliged to offer hours but the employee must be available. Even so, the presumption as to the scope of work means that where the same hours are worked structurally, those hours are treated as fixed.
In addition, the Work and Care Act and the Dutch Civil Code offer protection against unreasonable notice and secure the right to pay for shifts.
Employers must observe the requirements of fairness and reasonableness. That means they cannot simply stop offering shifts without good reason, particularly where the employee has been working fixed hours for some time.
What can you do if your employer stops calling you in?
Have you suddenly stopped being called in, and do you doubt whether that is justified? Consider the following steps:
- Ask for clarification in writing: Set out your situation and your questions in an e-mail or letter to your employer.
- Check whether there is a presumption as to the scope of work: If you structurally worked fixed hours, you may be able to claim fixed hours and pay.
- Get legal help: A specialist lawyer can assess whether your rights are being breached and help you in a conversation or in proceedings.
- Contact the Juridisch Loket: You can get free advice there about your situation.
Conclusion
Although a zero-hours contract offers flexibility, an employer may not simply stop calling you in where you in fact work fixed hours. The presumption as to the scope of work protects employees against unreasonable situations. Know your rights, keep good evidence, and do not hesitate to get help.
Do you have questions about your zero-hours contract, or would you like to know your rights? Then contact Arslan & Arslan Advocaten. Our specialist lawyers are ready to advise and support you on employment law matters. Together we make sure your rights are protected.
Read also
- Transition payment and fair compensation on dismissal: everything you need to know
- Dismissal after long-term illness: your rights after 2 years of incapacity
- Dismissal through the UWV versus a settlement agreement: the differences explained
Frequently asked questions
May my employer simply stop calling me in on my zero-hours contract?
Not always. If you have been working fixed hours to a pattern for some time, the employer usually may not simply stop calling you in. With genuinely occasional work, or where the contract ends, the position differs.
What should I do if my employer stops calling me in without explanation?
Ask in writing why you are not being rostered and keep all correspondence and payslips. It is wise to seek legal advice to protect your rights.
Am I entitled to pay if I was not called in although I was available?
Yes: in some cases you are entitled to continued pay and possibly back pay for the hours missed, particularly where you worked structurally and were available.
When may an employer stop calling you in, under the law?
An employer may stop where you genuinely worked only occasionally, had no settled pattern, the contract validly ends, or a valid reason is put forward and applied correctly.