Zero-hours contracts, on-call contracts and min-max contracts in the hospitality industry
Flexibility plays an important role in the hospitality industry, but that makes it all the more important to understand the differences between the various types of employment contracts. For hotel employees, receptionists, housekeepers, waiting staff and kitchen staff, it makes a significant difference whether you work under a zero-hours contract, a min-max contract or another form of on-call employment.
Under current Dutch rules, an “on-call contract” is primarily an umbrella term. It includes:
an on-call contract with a preliminary agreement;
a zero-hours contract;
a min-max contract.
The hospitality industry also has its own collective labour agreement, which differs from the general statutory rules in several important areas, such as the notice period for shifts. The current Hospitality Industry Collective Labour Agreement 2025–2026 has also been declared generally binding for the industry since 2 August 2025.
What is the difference between these contracts?
When comparing these types of contracts, they are not legally three completely separate categories. According to the Dutch government, there are three types of on-call contracts: an on-call contract with a preliminary agreement, a zero-hours contract and a min-max contract.
In other words, zero-hours and min-max contracts are forms of on-call employment rather than completely separate categories outside the scope of on-call contracts. Payslips are also required to state whether the employment relationship qualifies as an on-call agreement.
Type | Main characteristics | Obligation to work | Income security |
|---|---|---|---|
On-call contract with a preliminary agreement | You decide for each call whether or not you want to work. A temporary employment contract for that period only comes into existence once you accept the shift. | No, you may refuse a call. | You are only paid for shifts you accept. |
Zero-hours contract | No fixed number of working hours is agreed. | Yes, if you have been called in accordance with the applicable rules. | You are only paid for hours worked, subject to additional protections such as a minimum of three hours’ pay per call. |
Min-max contract | A minimum number of guaranteed hours and a maximum number of on-call hours are agreed. | Yes, up to the agreed maximum. | The guaranteed hours are always paid. Above the minimum, you are paid when you work or when wage continuation rules apply. |
Many candidates use the term “on-call contract” to mean flexible work without fixed hours. The law is more precise and looks at questions such as whether there is guaranteed pay, whether working hours are fixed and whether you are required to accept a call to work.
What a zero-hours contract in hospitality really means
With a zero-hours contract, no fixed number of working hours is agreed. This type of contract can be entered into for a fixed or indefinite period, and in principle you are only paid for the hours you actually work.
Under the general rules, the employer can exclude the obligation to continue paying wages only during the first six months. After that period, the employer may be required to continue paying wages if there is no work for a reason that is considered to be the employer’s responsibility. In addition, you are entitled to at least three hours’ pay for each call, even if you work fewer hours.
An important exception applies in the hospitality industry. The collective labour agreement includes a specific category known as an on-call relief worker on a zero-hours contract, intended for incidental work such as:
replacing an employee who is ill;
dealing with unexpected busy periods;
temporary additional staffing due to external circumstances.
Under the collective labour agreement, there is no obligation to continue paying wages if no work is available for employees in this category, even after the first 26 weeks.
If you become ill during a scheduled shift, you are in principle entitled to 95% of your wages for that period, subject to the statutory minimum wage as the lower limit. If you become ill while working variable hours, your employer calculates your wages based on the average number of hours you worked during the 13 weeks before your first day of illness.
After twelve months, the employer must also offer you a fixed number of working hours based on your average hours worked.
In practice, a zero-hours contract is therefore particularly suitable for genuine relief work or unpredictable peaks in demand. It is less suitable for work that takes place regularly and structurally.
Why a min-max contract often provides more clarity
A min-max contract provides greater security. You agree on a minimum number of guaranteed hours, which are always paid, as well as a maximum number of hours for which you can be called to work.
If you are called in correctly, you are required to work up to the agreed maximum. Here too, the general rule is that you are entitled to at least three hours’ pay for each call.
For hotels, this can be a logical solution when a certain level of baseline staffing is always required but demand varies from week to week. Examples include breakfast staff, banqueting employees and event staff.
If you become ill, you are in principle entitled to 95% of the wages for your guaranteed hours during the first year of illness. If you consistently work more hours than stated in your contract over a longer period, your actual working hours may be adjusted. Where working hours vary, sick pay is calculated on the basis of the average number of hours worked before the first day of illness.
For employees, a min-max contract offers less flexibility than a fully flexible on-call agreement, but considerably more income security.
What the hospitality collective labour agreement regulates
The general statutory notice period for calling an employee to work is four days. However, the Hospitality Industry Collective Labour Agreement reduces this period to 24 hours.
This means that:
if you are called less than 24 hours in advance, you do not have to accept the shift;
if a shift is cancelled or changed within 24 hours, you are entitled to be paid for it;
for regular employees, the work schedule must be made available at least three weeks in advance.
In addition, after twelve months an employer must offer a fixed number of working hours based on the employee’s average hours worked. Once the employee accepts this offer, the agreement is no longer considered an on-call contract.
Since 2 August 2025, the Hospitality Industry Collective Labour Agreement has been declared generally binding, meaning that these rules apply to almost all hospitality businesses.
Which type of contract is most suitable?
A zero-hours contract is mainly suitable for occasional relief work. If someone is employed on a structural basis, a min-max contract is usually more appropriate.
For positions where there is a fixed baseline staffing requirement combined with fluctuating demand, a min-max contract provides greater clarity for both employer and employee. Where work is structural and schedules are predictable, a regular part-time or full-time employment contract will generally be the most appropriate option.
Another possibility is to use an annualised hours system. Under an annualised hours arrangement, the number of hours an employee is required to work is determined on an annual basis rather than per week or month. This allows employees to work more hours during busy periods and fewer hours during quieter periods, while their fixed monthly salary generally remains the same.
What applicants should look out for
Before signing a contract, always check:
whether the contract includes guaranteed hours;
how far in advance you will be called to work;
what happens if a shift is cancelled;
whether your payslip states that you have an on-call agreement.
If there are no guaranteed hours, it will usually be a zero-hours contract. If there is both a minimum and a maximum number of hours, it is likely to be a min-max contract.
If, over time, you consistently work more hours than stated in your contract, you may be entitled to have your fixed working hours increased.
What may change in the future
On 7 July 2026, the Dutch Senate approved the More Security for Flexible Workers Act. The legislation replaces on-call contracts with contracts that provide a minimum number of paid hours. These will take the form of a bandwidth contract, under which the maximum number of hours may not exceed 130% of the minimum number of hours.
As zero-hours contracts disappear and bandwidth contracts provide less flexibility, annualised hours arrangements may become a more attractive option.
The new rules are not expected to take effect until 1 January 2028. Until then, the current statutory rules and the Hospitality Industry Collective Labour Agreement will continue to apply.
What is already clear, however, is that zero-hours contracts will in principle disappear. Exceptions will continue to apply to employees who have reached the state pension age, as well as school pupils and students working alongside their studies.
This article has been reviewed by:
Sander (A.J.C.) Theunissen
Employment Lawyer (Counsel) - CLINT | Littler
Sander (A.J.C.) Theunissen has over fifteen years of experience and specializes in labor law and works council law. He has gained experience in labor law for the hospitality industry, among other areas.