Right to a permanent contract after zero-hour contracts?

Questioner

Dear employee, As I understand it, after working for the same company for three years on multiple zero-hour contracts for a fixed term, I am now entitled to a permanent contract. Is this correct? My contract has already expired but I am still working as usual, does this mean that my contract has in fact been tacitly extended and that I am in fact still subject to the terms of my old contract? And is this agreement now in principle for an indefinite period? And what about the statutory salary increase now that I have been working under 'old' conditions for months? And in general for working via a 0-hour contract? We do not have an official assessment system with scaling up. The collective labour agreement for my sector has also expired. Another question: I have been working at least 20 hours a week for more than three months. Can I now claim continued payment of wages via the 'legal presumption of working hours' if I work significantly fewer hours because of the Christmas period? Where is the limit? And when do you fall outside this scheme? My contract was agreed before 1 July 2015, namely January 2014. I hope you can and will answer my questions. Thank you very much.

Lawyer

After 3 contracts or more, an employment contract for an indefinite period does indeed arise. Now that the last contract has been tacitly extended, the same employment conditions (including salary) apply as before. There is no legal right to a pay rise. If you earn the minimum wage or more, you cannot demand anything based on the law. In that case, there would have to be a collective labor agreement concluded by the FNV (or another union). Of course, you can consult with the employer about a pay rise. In the case of a working period of 20 hours for more than 3 months, the legal presumption of article 7:610b of the Dutch Civil Code applies. In addition, the employer must pay at least 3 hours' wages for each call (art. 7:628a of the Dutch Civil Code).

Questioner

Dear Mr. Van Deuzen, Thank you again for your response. I have been offered a new contract, again for a fixed term and with a start date dated more than three months after the date my last contract ended. Surely this is not right? Because my contract has been tacitly extended, I am now in fact employed for an indefinite period, I assume? Another question: does the presumption of working hours also apply when hours are reduced due to different opening hours of the company and/or public holidays? Thank you very much.

Lawyer

The answer to the first part of your question is yes. I would only make it an issue if your contract is not renewed. I don't understand the second part of your question -> can you explain this further?