Min-max contracts under Dutch law
A min-max contract (min-maxcontract) is a form of on-call employment agreement that guarantees the employee a minimum number of working hours per week or month while allowing the employer to call upon the employee for additional hours up to a contractually agreed maximum. It sits between the fully flexible zero-hours contract and a regular fixed-hours employment contract, and is regulated under Article 7:628a of the Dutch Civil Code and the Balanced Labour Market Act (Wet arbeidsmarkt in balans, WAB).
The employer must pay the employee for at least the minimum contracted hours, even if no work is available. Hours above the minimum are called upon as needed, subject to the four-day advance notice rule applicable to all on-call contracts. The employee is entitled to decline hours above the minimum without jeopardising the employment relationship, unless the contract or a collective labour agreement provides otherwise.
Accrual of rights based on minimum hours under Dutch law
Employment rights - including annual leave, pension accrual, and social security entitlements - are calculated on the basis of the minimum contracted hours. Hours worked above the minimum generate additional leave entitlements and salary, which must be paid at least at the statutory minimum wage. The employee on a min-max contract is an employee for all legal purposes and is not treated as a self-employed worker.
When does the obligation to offer fixed hours apply in the Netherlands?
The WAB obligation to offer a fixed-hours contract after 12 months also applies to min-max workers. The employer must offer a contract with hours corresponding to the average actually worked in the preceding 12 months. If the average exceeds the minimum, the offer should reflect that higher average. Employers who consistently call min-max workers for hours substantially above the minimum should be aware of this conversion risk and plan their workforce accordingly.
The min-max contract was developed partly in response to the practical failings of the pure zero-hours model and the legislative drive under the flexicurity philosophy that has shaped Dutch labour law since 1999. Under Article 7:610b of the Dutch Civil Code, where a min-max contract has been in force for at least three months without a precisely agreed number of hours, a court will presume the monthly working time to equal the average of the three preceding months. The employer must pay for at least the contracted minimum hours even when no work is available - this is the loongarantie that distinguishes the min-max contract from a straightforward on-call arrangement with no guaranteed income.