I am an on-call worker and I become ill

Questioner

I work in the tourism - recreation sector. The work supply fluctuates quite a bit and that is why I have a 0-hour contract. I think this is fine, I have more freedom than average. I worked for a tourist company last Monday. Now I found out on Wednesday that I have corona (thankfully everything is fine). I had accepted three shifts from the same tourist company later this week. Although I feel fine, I have to stay inside and I am not allowed to work these three shifts: I am sick. Am I entitled to a portion of my salary? The contract mentions 1 waiting day. As I understand it, I would then be able to expect 70% salary in 2 days: nevertheless, I had counted on these three working days (and they had counted on my work). The HR department of the tourist company indicates that I have a zero-hour contract and that I also became ill 'outside the call period'. I don't quite understand the latter. Who is right? Am I entitled to partial payment in case of illness? Thank you very much for your advice. Kind regards,

Lawyer

By law, it may be agreed in the employment contract (or in the collective labor agreement) that there is no right to continued payment of wages in case of illness for a maximum of the first 2 days. Since this is stated in your contract and the law allows this restriction, this unfortunately means that you will not receive continued payment for the first day (art. 7:629 BW). As for 'getting sick outside the call-up period', this should apply to work for which you have not yet been called. You can only receive continued payment for work for which you have already been called. The remaining two days should therefore fall under this in any case. You may be entitled to more continued payment if you have been working for your employer for more than 3 months. Sometimes there is a legal presumption of an average number of work per hour. This depends on the circumstances of the case and could be investigated. If you wish, you can contact me without obligation if you would like to examine the situation further or if you have any further questions.