News item | 09-07-2023 | 6:05 PM
The More Security Flex Workers Act went into internet consultation today. It is the first law of the package of measures presented in April for more security for workers and more flexibility for entrepreneurs.
The law contains stricter rules for temporary contracts and a strengthening of the position of on-call and temporary workers. Anyone can respond to the bill until September 4, 2023 via internetconsultatie.nl.
Minister Karien van Gennip (Social Affairs and Employment) :
The measures I agreed with employers and employees last spring are and will continue to be badly needed. Flexible work will always be there to cope with temporary busyness and illness. But in the Netherlands too many people don’t know if they can pay the rent next month. They postpone plans for the future. Employees with a temporary contract or on-call job in particular need more certainty about their wages and schedule. That is why it is important to tighten up the rules, so that in principle you get a permanent contract for structural work.
On-call contracts
This bill abolishes zero-hour contracts. There will be (permanent and temporary) basic contracts with a minimum number of hours for which workers are scheduled and paid. A standard is also set for the extra availability. As a result, there is no obligation to come to work outside agreed working hours. This way you know better where you stand in terms of income and schedule and you can better combine your work with, for example, another job, informal care or training. To encourage employers to allow people on a basic contract to move on to a permanent contract, the intention is to bring the basic contract under the low unemployment insurance premium for an indefinite period. Then employers will spend less on premiums.
Temporary contracts
The purpose of the law is also to prevent ‘revolving door constructions’. After 3 years or after 3 consecutive temporary contracts with the same employer, an employee earns a permanent contract. This is regulated in the so-called chain provision. If that does not happen, an interval of 5 years applies, after which an employer can hire someone again on a temporary basis. Now that is allowed after 6 months ‘pause’. The term of 5 years will soon also apply to phases A and B for temporary employment.
Temporary workers
There is still room for temporary agency work, but competition on terms of employment between the temporary worker and the hirer’s employee must be avoided. Temporary workers and employees of the same company must be paid at least the same for the same work and be treated equally. In addition, the most uncertain deployment phases will be shortened: phase A will go from 78 weeks to 52 weeks and phase B from 6 contracts in 4 years to 6 contracts in 2 years. After this period, the temporary worker must be given a permanent contract with the temporary employment agency.
Exceptions
Different rules will soon apply to pupils and students with a part-time job. For example, they may continue to work on an on-call basis and allow their work to bounce back with, for example, test weeks and holidays. Furthermore, a short interruption period of 6 months will continue to apply to students aged 18 and older and students with a part-time job. This also applies to pupils and students who do temporary work in both Phase A and Phase B. Both groups often do not primarily depend on what they earn from their part-time job for their livelihood.
An exception also applies to seasonal work, because this work cannot be done all year round. An interruption period of 3 months can be agreed per collective labor agreement for functions that can be performed for a maximum of 9 months per year. Think of functions that depend on a season, such as in the cultural sector or sports.