Recently, the legislative proposal ‘More Security for Flex Workers’ went into consultation. This means that anyone can respond to the legislative proposal until Sept. 4.
The legislative proposal includes – in brief – the following changes:
Provision on succession of fixed-term employment contracts:
- the intervals of 6 months will be abolished and an “administrative expiration period” of 5 years will apply instead;
- deviations from this rule by collective agreement will no longer be permitted;
- successive term of employment will be tightened; the possibility to deviate from the duration of successive term of employment by collective agreement will be erased.
- on-call contracts (min/max contracts, 0-hour contracts) will be abolished;
- the starting point will be a basic (fixed or temporary) contract with a minimum number of hours for which workers will be scheduled and paid;
- a standard is set for the extra availability of workers (maximum 30% on agreed minimum number of hours);
- the low unemployment benefit premium will apply to fixed basic contracts.
- phases A and B are shortened to 52 and 104 weeks, respectively;
- competition on working conditions must be prevented for employees who are posted. Total working conditions must be at least “equivalent” and essential conditions (allowances, wages) may not be exchanged.
- for three groups possible exceptions to the above main rules: schoolchildren/students, temporary workers and seasonal workers.
Whether these proposed changes will be enacted into law remains to be seen. Especially given the current political situation in the Netherlands, it is doubtful that this legislative proposal will stand.
Author: Annemarth Hiebendaal