MAAK JE GRATIS Zero Hours Contract
Inhoudsopgave
What is a Zero Hours Contract?
A Zero Hours Contract is an agreement between you and your employee where you do not guarantee any set hours for future work (hence zero hours). This kind of contract is useful when you cannot guarantee hours for employees or want them to have flexible working arrangements. Zero hours workers are entitled to basic employment rights such as annual leave, minimum wage and pay for work-related travel in the same way as regular workers.
This document is governed by Dutch law and GDPR-proof.
When do I need a Zero Hours Contract?
Use this Zero Hours Contract when you want to hire an employee on a casual or temporary basis to cover emergencies, changing demand or when you want the flexibility of employees who will not be promised a set hours of work, but are available when required.
Voorbeeld Zero Hours Contract
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ZERO HOURS CONTRACT
Parties:
, located at , , number of the Dutch Chamber of Commerce , represented by , hereinafter referred to as: 'employer';
and
living at , , born on in , hereinafter referred to as: 'employee';
Whereas:
- peak periods may occur in the employer's company, for which the employer requires a temporary expansion of his workforce
- the employer only wishes to make use of the employee's work, if and insofar as there is a peak in the employee's workforce activities
- the employer and employee agree that wages need only be paid if and insofar as the employee actually performs work for the employer
Have agreed as follows:
Article 1 - Job title and duties
- The employer hereby employs the employee as . The employee agrees hereby to serve in such capacity.
- The duties associated with this position consist of: . In addition, the duties consist of all activities that can reasonably be expected of the employee.
- At the employer's request, the employee will perform work for companies affiliated with the employer's company.
Article 2 - Duration of the contract
Article 3 - Probation period
Article - Obligation to work
- The employer has the obligation to summon the employee for work, with due observance of the period of four days as referred to in Article 7:628a paragraph 2 Dutch Civil Code.
- The employee is obliged to comply with a summons to work from the employer.
- If the employee is called upon for less than 3 hours per summons, he can claim payment of 3 hours, based on article 7:628a Dutch Civil Code.
Article - Collective labour agreement
Article - Place of work
De employee normally performs his duties in .
Article - Salary and holiday allowance
- The salary is € gross per hour.
- The employee is entitled to a holiday allowance of 8% of every worked hour in the period of the relevant year, or a pro rata part thereof if the employment contract did not last the entire period mentioned.
- The holiday allowance is paid .
- The employer provides a salary specification (payslip) for each salary payment period.
- In the first 6 months of the contract, the employee is only entitled to wages for the time that work was actually performed, even if after an accepted on-call work the employee was unable to perform the agreed work due to a cause that should be borne by the employer. After this, the non-performance of work by the employee following a call to do so due to a cause that should be borne by the employer, will be borne by the employer and the employee is entitled to the agreed remuneration.
Article - Holiday entitlement
- The employee is per calender year entitled to a number of vacation days with pay in accordance with the applicable rules of the employer, in proportion to the number of days or hours worked. The starting point for this is the legal minimum of 20 vacation days on an annual basis for full-time employment.
- The legal minimum of vacation days, 20 days based on full-time employment, may be carried over to the new year and expires 6 months after the accrual year.
- All vacation days allocated for a year must preferably be used in that year.
- When taking vacation, the employee must coordinate the vacation period within his team.
Article - Illness and incapacity for work
- If the employee is unable to perform his duties as a result of illness, he is obliged to report this to the employer as soon as possible, but in any case before 09.00 AM, even during holidays, unless this is not possible due to force majeure.
- If and insofar as the employee has any right to wages during illness, the employee is entitled to continued payment during the term of the employment contract, for at least 70% of his gross wages for the periods over which the employer is required to pay by law.
- The employee acknowledges to be aware of and to agree with the regulations set by the employer in connection with reporting sick and subsequent check-ups.
- The employee is not entitled to wages during the first 2 days of a period of illness. If the employee is ill again within 4 weeks after the end of a period of illness, then he will retain his right to wages.
- The employee is not entitled to the continued payment of salary referred to in this article if one of the situations as described in article 7:629 paragraph 3 Dutch Civil Code applies.
- The employer is authorized to suspend the continued payment of wages referred to in this article for the period that the employee does not comply with reasonable instructions given in writing by the employer about the provision of information that the employer needs in order to determine his right to wages.
Article - Company allowance
Article - Pension plan
Article - Duties of confidentiality
The employee is obliged to maintain confidentiality with regard to all information about the company, business operations and customers of the employer that he knows or can reasonably suspect to be confidential. This obligation also applies after termination of this employment contract. The employee is also obliged to hand over to the employer all documents or other data that he has obtained in the context of his work after the employment contract has ended.
Article - Penalty clause
The employer reserves the right, in case of violation or non-compliance by the employee of the confidentiality and / or the non-competition clause and / or the business relation clause, notwithstanding article 7:650 paragraphs 3, 4 and 5 Dutch Civil Code, without notice of default is required, to impose on the employee an immediately payable fine of € 1,000 for each violation, as well as an additional fine of € 50 for each day that the violation continues after notification of its discovery by the employer, including part of a day. If the wages of the employee is higher than the minimum daily wage, the fine will be forfeited to the employer.
Article - Intellectual property
- The employee acknowledges that all employment IPRs, employment inventions and works embodying them shall be owned automatically and absolutely by the employer to the fullest extent permitted by law. To the extent that they are not automatically owned by the employer, the employee holds them on trust for the employer.
- The employee agrees to promptly and on their creation, give the employer full written details of all employment inventions the employee makes wholly or partially during the course of his employment.
- At the employer’s request, and in any event, on the termination of the employment, the employee will give the employer all originals and copies of correspondence, documents, papers and records on all media which record or relate to any of the employment IPRs.
- The employee does his best to execute all documents and do all acts both during and after your employment by us as may, in the opinion of the employer, be necessary or desirable to vest the employment IPRs in the employer, to register them in the name of the employer and to protect and maintain the employment IPRs and the employment inventions.
Article - Employment and company rules
The employee declares to be aware of and to agree with the labour law and company rules applicable at the employer and to have received a copy of these employment and company rules.
Article - Change of terms of employment
The employer reserves the right to unilaterally amend the terms of employment, with due observance of the provisions of article 7:613 Dutch Civil Code.
Article - Governing law and compentence of court
- This contract shall be governed by Dutch law.
- All disputes arising under this contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the court in the district where the employee normally performs his work.
Article - Online signature
If the parties use the online signature service for this electronic contract that has been drawn up on the Rocket Lawyer platform, they thereby declare that this contract is the original version and that the contract legally binds the parties. Parties will receive an email as soon as all parties have signed this contract, which proves that this contract has been legally concluded.
Article - Signed copy contract
The employee declares to have received a signed copy of this contract.
Signed:
| _________________________________ | _________________________________ |
| _________________________________ | _________________________________ |
Over het Zero Hours Contract
Veelgestelde vragen over het Zero Hours Contract
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How can I edit my Zero Hours Contract?
To manually edit your Zero Hours Contract, all you need to do is log in to your Rocket Lawyer account, select the document you want to edit and then select edit. To save the original version, select the copy first and then edit the copied version.
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Can I get a lawyer to check my Zero Hours Contract?
Yes, with Rocket Lawyer's membership you can use our Ask a Lawyer service to have your drawn up zero hours contract assessed by a lawyer specialized in employment law. You can also use this service to ask legal questions to a specialized lawyer.
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Is an electronically signed Zero Hours Contract legally valid?
Yes, an electronically signed Zero Hours Contract is legally valid. For example, with Rocket Lawyer you can email your drafted Zero Hours Contract to your prospective employee and he can then sign it using our online signature service.
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