The “More Security for Flex Workers” law has been on the cards for ages. The intent of the law is to abolish the 0-hour contract and reduce the number of temporary contracts. The House of Representatives recently adopted a number of amendments and/or additions to the bill entitled ‘More security for flex workers’. These amendments will have a noticeable impact on employers in practice, so we discuss them below.

Shortening interval chain rule to 36 months

The purpose of the so-called chain of employment regulation is to prevent employees from working on the basis of temporary contracts for long periods of time. In a chain of employment contracts, a permanent contract automatically arises after a maximum of three contracts or three years, whichever comes first. One way to work around this is to include an “interval” of six months or more after three years/three contracts. After that, in effect, the chain begins again and three temporary contracts in three years may be concluded again.

Because this six-month interval is widely used, the government included in the original bill More Security for Flex Workers that the interval be extended to five years. An employer would then have to keep an eye on whether the same person is reemployed for five years after someone has left employment. This involves a lot of administrative burden. Therefore, the government has now decided to set the interval at 36 months. Long enough to prevent revolving door constructions, but short enough to limit the administrative burden.

Introduction of 0-hour contract for AOW beneficiaries

The original bill More Security for Flex Workers states that the 0-hour contract will be abolished and replaced by another type of contract. Some exceptions to this were also made, such as for school students. The recent amendments now also include an exception for those entitled to AOW. They too will soon be able to continue working on a 0-hour contract.

Continued sick pay for temporary workers

Finally, the position of temporary workers during illness is strengthened. The obligation to continue to pay wages in the event of sickness will be expanded, making it less likely that temporary workers will be without income when they become disabled. For temporary employment agencies and hirers, this means an increase in obligations and possibly higher costs.

What does this mean for your organization?

The adopted amendments bring far-reaching consequences for employers who work with flexible employment relationships and aim to give employees more security also in temporary or flexible employment. It is important to review existing contracts, personnel policies and deployment of flex workers in a timely manner.

Do you have questions about the impact of these legislative changes on your organization or would you like advice on implementation? If so, feel free to contact one of our employment law specialists. We would be happy to think along with you.