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What are my rights with a min-max contract?

There are many questions about min-max contracts. But in addition to the precise definition of a min-max contract, there are also a lot of questions about the rights that you as an employee have under such a contract. That is why in this blog we will tell you more about your rights with a min-max contract, we explain how it is with your wages and we discuss the right of dismissal with a min-max contract.

What is a min-max contract?

A min-max contract is a flexible contract in which you agree with your employer how many hours you must work at least and how many hours you have to work at most per week. The minimum number of hours you have to work is called the warranty hours. Good to know of course. Because with this information you know exactly how much you will earn at least every month.

You can be called up by your employer for the hours that you have agreed on above the minimum. You are therefore obliged to comply with the call. If you are called for more than the maximum number of hours, you can refuse the call with confidence. This does not alter the fact that a min-max contract should not be seen as an employment contract. This means that normal dismissal law applies. More on that later.

What about your wages with a min-max contract?

The guarantee hours, ie the minimum number of hours you have to work, are always paid. Even if you are not called up. (That is why with these guarantee hours you know exactly how much you earn at least each month.) The employer cannot oblige you to make up for the hours not worked at a later time. As with a normal employment contract, you will of course receive wages for the total hours worked.

Can I still change my warranty hours?

The fact that you have agreed on a minimum number of hours does not mean that this can no longer be adjusted. You could ask your employer to adjust the number of guarantee hours up or down. There is also a term that goes by the name 'legal presumption of work size'.

This means that if you have structurally worked more hours than your guarantee hours for three months or longer, it is assumed that your work volume is equal to the average per month in the three previous months.

An example: you have a min-max contract for a minimum of 12 to a maximum of 24 hours per week. For a period of three months you have structurally worked 20 hours a week. Your working hours (and therefore also your guarantee hours) are then assumed to be 20 hours a week instead of 12 hours a week. Pay attention! Exceptions are possible, for example if your employer can demonstrate that it is an exceptionally busy period, so that the temporary increase is not representative of the average work size.

What about dismissal with a min-max contract?

Because normal dismissal law applies, your employer cannot just fire you. The normal rules apply. A temporary contract will automatically expire on the agreed end date and a permanent contract can only be terminated if the employer has obtained permission from the UWV. (Or if the Subdistrict Court dissolves the contract or by mutual consent.) It is therefore not the case that your contract ends when you are no longer summoned.

Did you know:

  • you are entitled to a minimum wage of 3 hours per call if no fixed working hours have been agreed in your contract and you have worked less than 15 hours per week or have a zero-hours contract? Your employer must therefore pay at least 3 hours of wages per call-up. So, if you have only worked one hour and have not agreed fixed working hours, you are entitled to a minimum wage of 3 hours.
  • your employer has an obligation to continue to pay wages? This means that your employer must continue to pay your wages when you no longer have to work due to a risk on the part of your employer. Your employer must then still pay for those missed hours. Watch out. This may be deviated from in your collective labor agreement or employment contract. For example, it can be agreed that for the first six months of your contract no obligation to continue to pay wages applies to the employer. This six-month period can be extended if it concerns incidental activities or activities that do not have a fixed scope. to know.
  • if you are ill, you are entitled to continued payment of your wages for the days that you are scheduled?
  • you are legally entitled to at least 70% of your wages for your guaranteed hours in the event of illness? For the first 52 weeks you will retain at least the right to the applicable minimum wage, even if this amount is higher than 70% of the agreed wage.

Questions?

Do you have any questions? Then contact us. We can help you with this. We can be reached by telephone on 0345 - 851 963 and you can also email us via sc@unie.nl.

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