On-call workers and zero-hours contracts: the 2026 rules and what is changing
Written by Ilias Aarrass6 min read · Published on · Last reviewed on 
In short
In 2026 you must call an on-call worker at least 4 days in advance, pay at least 3 hours per call where there are no fixed hours, and offer fixed hours after 12 months. On-call contracts carry the high unemployment premium of 7.74 per cent; from 1 January 2028 the zero-hours contract largely disappears under the Act on more certainty for flexible workers.
- The notice period is at least 4 days; the cao can shorten it to 1 day.
- After 12 months you offer fixed hours within a month, based on the average.
- The unemployment premium for on-call contracts is 7.74 per cent in 2026, against 2.74 per cent for permanent.
- The Senate adopted the flex law on 7 July 2026; the zero-hours ban is expected to apply from 2028.
For many small business owners an on-call worker is the first step towards staff. You bring someone in when it is busy and pay only for hours worked. That sounds simple, but an on-call contract is a regular employment contract, with sick pay, holiday rights and some extra rules specific to on-call workers. In addition, a new law adopted in July 2026 largely abolishes the zero-hours contract. This article covers the types of on-call contracts that exist now, the rules you must follow, what it costs you extra and what to prepare for.
Two types of on-call contract
With a zero-hours contract you agree no fixed hours: your employee comes when called and must then turn up. With a min-max contract you agree a minimum number of hours that you always pay, plus a maximum up to which you can call. In 2026 both fall under the rules for on-call workers.
| Rule | What it means |
|---|---|
| Notice period | At least 4 days in advance, in writing or electronically. A shorter call is allowed, but your employee need not come. The cao can shorten this to at least 1 day. |
| Cancelling | If you cancel or change the times within 4 days, you pay the hours you called for. |
| Three-hour rule | At least 3 hours' pay per call with a contract without fixed hours, or under 15 hours a week without fixed working times. |
| Fixed-hours offer | After 12 months you must offer fixed hours within one month, at least the average of the past 12 months. |
Sick pay and holidays
An on-call worker is also entitled to sick pay and accrues holiday days and holiday pay: four times the average weekly hours and at least 8 per cent holiday pay. In the contract you may exclude payment when there is no work for at most the first six months. After that you also pay when there is no work, unless the cao allows otherwise.
What changes from 2028?
On 7 July 2026 the Senate adopted the Act on more certainty for flexible workers. Most of it is expected to take effect on 1 January 2028. The zero-hours contract will then disappear for most employees. It is replaced by a fixed basic contract or a bandwidth contract with a minimum and maximum number of hours, where the maximum is at most 30 per cent above the minimum: with a 10-hour minimum the maximum is 13 hours.
For school pupils and students with a side job, and for people of state pension age, an on-call contract remains possible under conditions. If you have on-call workers now, list who falls under the new rules and how many hours they work on average. If you are considering hiring a freelancer or running the work through a payroll company instead, weigh the risks of those routes too.
Frequently asked questions
Is a zero-hours contract still allowed in 2026?
Yes. The ban in the new law is expected to take effect only on 1 January 2028.
Can I call in an on-call worker by WhatsApp?
Yes, a call may be in writing or electronic, so email or WhatsApp is fine. Just make sure it is at least four days in advance.
Sources
- Rules for on-call workersOndernemersplein · ondernemersplein.overheid.nl
- Zero-hours contracts no longer allowedOndernemersplein · ondernemersplein.overheid.nl
- Which contracts exist for on-call workers?Rijksoverheid · rijksoverheid.nl
Sources checked on
This article provides general information based on the rules known for 2026 and does not replace personal tax advice. For your specific situation, we're happy to take a look with you.
