Right to fixed hours?

Questioner

I have been working for the same employer for 13 years. I work an average of 24 fixed hours per week. My pay slip states employment contract for an indefinite period with on-call contract. My employer has never made an offer for fixed hours. Am I entitled to fixed hours? My employer says I am not. What should I do?

Lawyer

You have been working for the same employer for quite some time. Has that been on call all that time? In any case, you can request in such cases to adjust the extent of your working hours to the average of the past period. You can find more information about this via the link below (also about the procedure and requirements). https://www.rijksoverheid.nl/onderwerpen/laborscontract-en-cao/question-en-answer/wanneer-mag-ik-meer-of-minder-uren-werken But the question is also what exactly is happening with your employment contract. Nowadays, it is generally the case that an employer is obliged to make an offer for a fixed working volume after 12 months in an on-call contract, which is based on the average number of hours of the past 12 months (Article 7:628a of the Dutch Civil Code). During the time that the employer does not do this, you may even automatically be entitled to compensation based on. This article may not be deviated from to the detriment of the employee. However, I would need more information before I could say anything more specific about your situation. It is also important to know what exactly is in your contract and how things have happened in recent years. If you have any questions, please contact me via my profile or via mail@uygulvandam.nl