In practice, there is still a need for less traditional forms of employment than the indefinite contract, with a fixed number of hours. Think of on-call contracts, fixed-term employment contracts, agency work employment contracts, payrolling and self-employed workers. Valegis can advise you on all these forms of employment.
On-call contract
The law defines an on-call contract as the agreement whereby:
- the amount of work is not fixed as one number of hours per unit of time of:
– not more than one month; or
– not more than one year and the employee’s right to wages is spread evenly over that unit of time; or
- the employee is not entitled to wages if he has not worked.
0-hour and min/max contracts are included. In case of doubt, contact one of Valegis’ employment law specialists.
If there is an on-call contract, an employer must call the on-call worker at least four days in advance. If you do not comply, the employee does not have to come to work. In case of a CLA, this on-call time can be shortened to 24 hours.
If you subsequently withdraw the call within four days, the on-call employee retains the right to wages for the period for which he was called. Without the on-call employee working, you will still have to pay wages.
“Each time the on-call contract has lasted one year”, the on-call employer is obliged to make the on-call employee an offer for an employment contract for the average number of hours he has worked in the previous year. Again, if you do not meet this obligation, the on-call employee is entitled to wages for the average number of hours worked.
