More Protection for Flexible Workers Act: On-call contracts and successive fixed-term contracts

At a glance

• On 7 July 2026, the Dutch Senate adopted the More Protection for Flexible Workers Act.
• The changes concerning on-call contracts, bandwidth contracts and the successive fixed-term contracts rule will enter into force on 1 January 2028.
• Zero-hours contracts will generally disappear. Min-max contracts will be replaced by bandwidth contracts. On-call contracts will remain possible for minors, pupils, students and employees who have reached state pension age under the Old Age Pensions Act (AOW).
• The interruption period (the maximum gap between two fixed-term contracts before a new chain of fixed term contracts begins) will be extended from six to 36 months (three years), with exceptions for pupils, students and seasonal work.

The More Protection for Flexible Workers Act aims to give employees with a flexible contract more certainty about work, income and working hours. Under the new rules, on-call contracts for regular employees will generally be abolished. Zero-hours contracts will no longer be possible. Wage exclusion clauses will be excluded. Min-max contracts will be replaced by bandwidth contracts. On-call contracts will remain possible for minors, school pupils, students and employees who have reached state pension age under the AOW, provided they work an average of no more than 16 hours per week.

The bandwidth contract will become the contract type for the flexible engagement of regular employees. The employer and employee agree on a minimum and a maximum number of hours. The minimum must be more than zero. The maximum may not exceed 130% of the minimum, per period of no more than one quarter. A wage exclusion clause is not possible under this contract. As a result, the employee is entitled to wages for the agreed minimum number of hours.

Under current Dutch law, a series of successive fixed-term contracts converts into a permanent contract after three contracts or three years. If the series is interrupted by a gap of more than six months, a new series begins. This interruption period will now be extended from six to 36 months. As a result, a new chain of fixed-term contracts will occur less quickly. For school pupils and students who work an average of no more than 16 hours per week, the period will remain six months. For designated seasonal positions, the period may be shortened to three months.

Existing on-call contracts will generally be converted into a bandwidth contract upon entry into force, unless an exception applies or the contract already complies with the new rules. The minimum working hours will be based on the average number of hours worked in the preceding twelve months. For fixed-term contracts entered into before the entry into force, the new interruption period of 36 months will not apply retroactively.