Adjust employment contract retroactively?

Questioner

I am retired. In addition to my pension, I am still working as a public transport bus driver. I have concluded a zero-hours contract with my employer as of 01-01-2023. However, a zero-hours contract gives fewer rights than a 'normal' hours contract. - Can, for example, a zero-hours contract be converted into a suitable hours contract afterwards, based on the hours worked? - Is that possible with the total number of hours in the year?

Lawyer

Modifying an employment contract retroactively is, formally speaking, legally difficult. Employment contracts are binding agreements and changing them requires the consent of both parties. Converting a zero-hours contract into a fixed-hours contract can only be done with mutual consent. A request can be submitted to the employer to change the contract, but if the employer does not agree, this cannot be enforced unilaterally. After 6 months of work on a zero-hours contract, the employee is entitled to a fixed number of hours. This number of hours is the average that one has worked over the past 3 months. This right is laid down in article 7:610b of the Civil Code. This is also called the 'legal presumption of employment volume'. If you regularly work more hours than your contract stipulates, you could ask your employer to adjust your contract based on the average number of hours worked. However, as mentioned, the employer can refuse this. It is therefore advisable to seek advice from a lawyer or attorney about specific situations in order to explore the possibilities within legal frameworks. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.