The year 2026 marks a fundamental turning point in Dutch labour law. With the definitive abolition of zero-hours contracts and min–max contracts, the legislator has put an end to a decade of extreme labour flexibility. According to the Dutch government, the balance between entrepreneurial risk and employee security had tilted too far in favour of flexibility, at the expense of income stability and legal certainty for workers.
This reform does not stand alone. It forms part of a broader restructuring of the Dutch labour market, aimed at reducing precarious work and reinforcing the principle that structural work should be matched with structural security. At the heart of this reform lies the introduction of the Basic Contract (basiscontract), which fundamentally reshapes how employers must organise workforce planning and contract management.
For employers, this is not a mere administrative adjustment. It requires a strategic reassessment of staffing models, cost structures and operational flexibility. This article explains the legal framework of the Basic Contract, the revised chain rule, enforcement risks and the strategic consequences for employers operating in the Netherlands in 2026.
1. Legal framework: the Basic Contract as the new default
The Basic Contract replaces the traditional on-call contract. The legislator deliberately chose a model that separates availability from wage entitlement. The underlying principle is that employees should be guaranteed a minimum and predictable income, regardless of fluctuations in workload.
The bandwidth model
The core of the Basic Contract is the bandwidth model. Employer and employee agree on a fixed number of base hours (for example, 20 hours per week). On top of this, a bandwidth of up to 30% may be agreed.
In practice, this means that with a base of 20 hours, the employer may require the employee to work up to 26 hours per week. Within this bandwidth, the employee must be available when called upon.
The decisive change compared to the former zero-hours system is that the wage risk shifts to the employer. The employee is always entitled to wages for the agreed base hours, even if no work is provided during a given period.
Impact on flexibility
Flexibility does not disappear entirely, but it becomes regulated and predictable. Employers must make a realistic assessment of their structural staffing needs. Peaks in demand can still be managed, but only within a legal framework that prioritises income security.
2. Mandatory call-in rules: the end of informal scheduling
Under the previous system, on-call work was often organised informally—via WhatsApp messages, verbal agreements or last-minute schedule changes. From 2026 onwards, this approach is no longer legally permissible.
The four-day notice rule
Employers must call employees to work at least four days in advance, in writing or electronically. This requirement is mandatory law and cannot be waived by agreement.
Cancellation of shifts
If a call-in is cancelled within four days of the scheduled start, the employer is obliged to pay full wages for the cancelled hours. The risk of planning errors or sudden changes in workload is explicitly placed on the employer.
Right of refusal
If an employee is called in less than four days in advance, the employee has a statutory right to refuse the shift, without giving reasons and without adverse consequences. This right also applies under a Basic Contract with a bandwidth.
For employers, this means that last-minute staffing solutions are no longer a legally viable strategy. Workforce planning must be structured, forward-looking and disciplined.
3. Revision of the chain rule: the 3–3–5 model
Alongside the abolition of on-call contracts, the legislator has tightened the chain rule to prevent revolving-door employment structures.
Core rule
An employee may be offered a maximum of three fixed-term contracts within a period of three years. This rule existed before, but the mechanism to reset the chain has been significantly altered.
Extended interruption period
Previously, a break of six months was sufficient to restart the chain. From 2026 onwards, this interruption period has been extended to five years. As a result, employers are forced to make a clear choice after three years: offer a permanent contract or part ways with the employee for a prolonged period.
Limited exceptions
Only narrowly defined seasonal work may still qualify for deviations under a collective labour agreement. These exceptions are interpreted restrictively and closely monitored.
4. Financial exposure: the presumption of working hours
Employers who fail to adapt contracts to the Basic Contract model face significant financial exposure through the legal presumption of working hours (Article 7:610b Dutch Civil Code).
If an employee consistently works more hours than contractually agreed over a period of three months, the employee may claim a contract reflecting the average number of hours worked during that period. In the current legislative climate, courts are increasingly inclined to grant such claims, in line with the legislator’s explicit objective of strengthening employee protection.
This risk is particularly acute for employers who attempt to preserve flexibility by structurally scheduling additional hours without formally adjusting the contract.
5. Pension, sickness and social security implications
The Basic Contract also affects areas beyond employment contract law.
Pension accrual
The agreed base hours form the foundation for pension accrual. Employers must pay pension contributions over these hours, even in periods of reduced workload.
Continued payment during sickness
In the event of illness, employers must continue paying wages over the contractual base hours (at least 70%). Under zero-hours contracts, wage continuation was often limited to scheduled hours; under the Basic Contract, it applies to the full contractual base.
This represents a structural shift of financial risk towards the employer.
FAQ – Practical questions in 2026
What happens to annualised hours arrangements?
Annualised hours remain possible, but only within the framework of a Basic Contract. Employees must receive a guaranteed minimum income per month or quarter.
Do these rules apply to healthcare, hospitality and retail?
Yes. The law does not provide a general sectoral exemption. Collective agreements may allow limited flexibility within the bandwidth, but zero-hours contracts are abolished across all sectors.
What about severance pay (transition compensation)?
Because employees are more likely to receive permanent contracts or remain employed for longer due to the five-year interruption rule, employers will more frequently face severance pay obligations. Entitlement accrues from day one of employment.
Strategic guidance for boards and HR
The 2026 reforms require more than contractual updates. They demand a strategic reorientation of workforce policy.
Employers should invest in stable staffing pools supported by Basic Contracts, complemented by legally compliant flexibility. Workforce planning tools must accommodate the four-day notice rule and bandwidth limitations. Budgeting models should anticipate higher fixed labour costs, even during periods of lower demand.
Conclusion
The abolition of zero-hours and min–max contracts marks the end of an era. The Dutch labour market of 2026 obliges employers to organise structural work on a structural basis. Organisations that proactively adapt can build stability and strengthen their employer brand. Those that fail to do so face increasing legal and financial risk.
Would you like Law & More to conduct an audit of your current workforce to identify which contracts must be converted and where the main compliance risks lie? Feel free to contact us for a no-obligation consultation.
