In many organizations, on-call employees are the silent force behind the scenes. They step in when things get busy, often work on regular days and times, and operate as if they’ve always been part of the team. Because their role feels flexible, it might seem logical to stop scheduling them temporarily when work slows down.
no shifts doesn’t mean no strings attached
But that decision comes with risk. If an on-call worker has been scheduled regularly — say, twenty hours per week on fixed days over several months — the law may already consider this a de facto employment contract. Even if nothing has been put on paper.
In such cases, the legal principle of a presumed employment relationship applies. That means the worker could claim a right to fixed hours and continued salary payments.
quiet firing is still firing
Simply stopping someone’s shifts — without a clear reason or explanation — can be seen as a form of dismissal. Quiet and unofficial, yes, but legally very real.
This can lead to claims for back pay or even legal proceedings for unlawful termination. And when a judge gets involved, they’ll look at the reality of the working relationship, not just what was written down.
the law is changing: zero-hour contracts to be phased out
Dutch lawmakers have been aware of this legal grey zone for some time. As of January 1, 2027, the familiar zero-hour contract is expected to disappear. In its place comes the bandwidth contract: an employment agreement where both employer and employee agree upfront on a minimum and maximum number of hours.
This still allows for flexibility — but also gives clarity and protection to both sides.
time for transparency
As an employer, it’s smart to review your on-call staffing practices now. Are you seeing consistent patterns in scheduling? Is there, in practice, a structural working relationship?
If so, it’s time to have that conversation. Make clear agreements, and consider offering more formal contracts — not only to limit risks, but also as a sign of good employment practices.
how do you manage your on-call staff?
Do you work with flexible staff that you “just don’t schedule” when it’s slow? Then now is the time to check if that approach still fits the law — and your values as an employer. Because in employment law too, prevention is better than cure.