Dutch legislator strengthens position of on-call workers, agency workers and definite term employees
Published on 3 November 2026
A new set of rules that will have significant impact on companies relying on a flexible workforce.
At a glance
The Dutch Senate has passed legislation that significantly changes the rules on on-call, fixed-term and agency work.
Zero-hours and min-max contracts will be abolished for most workers, replaced by agreements with prescribed hour limits.
Zero-hours and min-max contracts will be abolished for most workers, replaced by agreements with prescribed hour limits.
Changes come into force in phases, with the first deadline for agency worker pay parity at the end of this year.
The Dutch Senate has adopted landmark legislation that reshapes the rules governing flexible employment, with significant consequences for companies that rely on on-call, fixed-term or agency workers.
The Act on More Security for Flexible Workers (Wet Meer Zekerheid Flexwerkers) adopted in July amends regulation applicable to definite-term employment agreements, on-call employment agreements and temporary agency work. In doing so, the legislator intends to have structural work go hand-in-hand with a structural and secure employment relationship.
The act abolishes on-call agreements, introduces a three-year ban after exhausting the permitted number and duration of definite term employment agreements, and shortens phases and equivalent employment conditions for temporary agency workers.
On-call agreements
Currently, on-call workers can be employed on either a zero-hours agreement or a min-max agreement. These on-call agreements will be abolished for 'regular' employees. Minors, school pupils, students and state pensioners may continue to work as on-call workers on the basis of the current regimen, provided that their average working hours do not exceed 16 hours per week.
If companies desire to engage regular employees on on-call basis, a "bandwidth-agreement" must be offered. In such agreement, a minimum and maximum number of hours must be stipulated. The maximum number of hours may not be more than 130% of the minimum number of hours. The minimum number of hours must be paid out at all times. The employee may refuse a call for work once the maximum has been reached.
Three-year ban
The act introduces a three-year prohibition to enter into a new definite term employment agreement once the employee has been employed on the basis of three consecutive definite term employment agreements or once the total duration of consecutive definite term employment agreements exceeds a period of 36 months. The aim is to have companies offer an indefinite term employment agreement instead.
Employment agreements will be considered consecutive as long as no more than 36 months have passed in between.
This is a significant tightening of the current regulation, in which the prohibition only applies for a period of 6 months after exhausting the permitted number or duration. The current regulation will again continue to apply for school pupils, students, minors and state pensioners who do not work more than 16 hours per week on average.
Temporary agency workers
Employment agreements of temporary agency workers consist of different phases. In the first phases, the agency worker enjoys less dismissal protection than regular employees. Temporary agency workers are typically only entitled to an indefinite term employment agreement after four years.
The phases will be shortened under the new rules. Temporary agency workers will be entitled to an indefinite term employment agreement with the temporary work agency after three years.
Under current Dutch law, temporary agency workers are entitled to the same remuneration and working hours as employees of the hiring company in comparable positions. In addition, the Act on More Security for Flexible Workers stipulates that the other employment conditions must be equivalent to those of employees of the hiring companies in comparable positions. Both the hiring company and the temporary work agency can be held liable for incorrect employment conditions.
Broader market reform
The Act on More Security for Flexible Workers is part of a larger package of legislative changes that will reform the Dutch labour market in the upcoming years. Another pivotal part of this reform package is the upcoming change of the regulatory framework for temporary work agencies under the Authorisation for Provision of Workers Act (Dutch labour market opens registration for new worker-placement licensing regime | Osborne Clarke).
Timeline
The Act on More Security for Flexible Workers will enter into force in two stages. On From 31 December this year, the entitlement to equivalent employment conditions for temporary agency workers will apply. From 1 January 2028, the following amendments are expected to enter into force: abolition of on-call agreements; introduction of three-year ban after exhausting permitted number or duration of definite term employment agreements; and shortened phases for temporary agency workers.
Osborne Clarke comment
How can companies prepare? Companies will want to review their engagement of temporary agency workers and evaluate whether the employment conditions are set in a compliant and transparent manner, ensuring to perform this review in conjunction with the WTTA.
They will also be looking to identify on-call employment agreements and determine what bandwidth is desired as of January 2028. They will also be considering mapping out for which employees the permitted number or duration of definite term employment agreements will be exhausted as of January 2028 – and assessing whether they subsequently require the employee on indefinite term basis.
