In May 2025, the Proposal, which is part of a bigger intended reform of the Dutch labour market, was submitted to the House of Representatives. The most important aspects of the Proposal are discussed below.

Temporary contracts

The current interval of a maximum of 6 months between two temporary contracts will be replaced by an interval of 60 months. The 60-month period is in line with the retention period for employers on the basis of Dutch tax law. The 60-month period will also apply to the application of the so-called Ragetlie rule. For recurring temporary work, including seasonal work, the current interval of 6 months will continue to apply. The 6-month period will also continue to apply to employees who are younger than 18, pupils aged eighteen years or older and students with a part-time job of 12 hours a week.

The chain provision (not more than 3 temporary contracts as a main rule), also applies in the case of successive employment. The current possibility to deviate from the chain provision in this case by collective labour agreement regarding the duration will be removed. This means that only the number of contracts can be deviated from by collective labour agreement, which means that it remains possible for agency workers to work on a temporary basis.

No zero-hour contracts anymore

The number of working hours must be agreed in the employment contract and in any case, it must be more than zero hours. The number of working hours should be agreed over a maximum period of one year, in order to give the employee a maximum foreseeable period for which he knows how many hours he must work.

On-call contracts will only be possible for minors, pupils and students and agency workers in the first 52 weeks as long as it has been agreed in the employment contract that payment only takes place if worked.

If no fixed number of working hours has been agreed, the working time is deemed to be at least three hours per week. If the average number of working hours per week in the previous three months is higher than three hours, then this higher number of working hours is deemed to have been agreed.

No wage exclusion clause anymore

Currently the employer and employee can agree that during the first six months of the employment contract, payment of the salary only takes place if the employee has actually worked (wages are only paid if work is also done). That will not be possible anymore if the Proposal will be adopted. However, it remains possible to agree on the 6 months period for agency contracts in Phase A, as well as for employees under 18, pupils and students.

A new min-max contract

A contract whereby a minimum and maximum amount of working hours is agreed (a min-max-contract) will still be possible if the Proposal is adopted. But in doing so, the maximum agreed working hours may not exceed 130% of the minimum agreed working hours. This means that with a contract of 20 minimum (guaranteed) hours per week, a maximum of 26 hours per week of availability and scheduling can be required. Since a min-max-contract can also be agreed for a 3-month period, it is also possible to agree, for example, on 300 guaranteed hours per quarter, whereby an availability of 390 hours per quarter is assumed. Outside these hours, the employee has the right to refuse the call. The current four-day period for a call will soon also apply to the min-max-contract.

For employees under the age of 18, pupils and students, the proposed limitations on min-max-contracts will not apply.

Annual hours standards 

Annual hours standards remain possible within a regular employment contract, provided that there is one fixed number of working hours agreed (e.g. 1,000 hours per year). The actual hours that are worked can be used flexibly over the reference year, but the employee's salary is evenly spread over the reference year. The employee therefore receives a fixed salary per pay period, based on the average number of hours to be worked. If fewer hours were worked during the reference period than previously assumed, these minus hours may not be made up in the following reference year. In principle, these hours will therefore have to be waived. Plus hours that are left must be paid out at the end of that reference period. If the scope of work is determined over a period longer than one month, such as with an annual hours standard, a certain degree of roster security and non-availability must be agreed upon per quarter. This could be done, for example, by agreeing that the employee will not be available on certain days.

Agency work

The most uncertain phase for agency workers (Phase A), will be extended, from 26 weeks to 52 weeks if the Proposal is adopted. Deviation by collective labour agreement, as is now allowed, will no longer be allowed in the future. In addition, Phase B will be limited to 6 contracts in 2 years. The legal position of an agency worker will therefore be uncertain for a total period of three years, instead of the current five and a half years. As with the other temporary contracts, the interval period between two temporary contracts will be 60 months. This does however not apply to students and pupils with a part-time job, where an interruption period of six months will continue to apply.

Workers Allocation by Intermediaries Act (Waadi)

The essential employment conditions of posted workers must be at least the same as those of workers in an equal/equivalent position at the hirer. The law does not change on this point. However, the other terms of employment (the so-called non-essential employment conditions) must be at least equivalent to the ones of an employee in an equal/equivalent position at the hirer. The interpretation of what is equivalent must be laid down in the collective labour agreement. If no collective labour agreement applies, the employer must inform the agency worker about his/her employment conditions as referred to in Article 8 of the Waadi on the basis of Article 7:655, first paragraph, under l of the Dutch Civil Code. A collective labour agreement of the supplier may provide that the total package of employment conditions is at least equivalent, where wages and other allowances and the regulations on working hours and rest periods must also be at least equivalent. Deviation from a wage element must therefore be compensated within the package of total salary and other allowances. So, this cannot be compensated with any other employment condition. The other way around is however possible; other terms of employment can be compensated with wages, as long as this is at least an equivalent level. The agency work pension is also part of this package, whereby the agency work pension must be on a market level. The elaboration of this lies with the social partners.

This means that two tests take place:

  • The first test is whether the total package of employment conditions is at least equivalent to the package of an employee in an equal/equivalent position with the hirer.
  • The additional test is whether the total of essential employment conditions is at least equivalent.

Deviation from the main rule will only be allowed through the collective labour agreement of the supplying company.

The prohibition to supply workers to a company where there is a strike going on is now only directed to the supplying organisation. But it is actually the hiring company (where the strike is taking place) which hires the workers to do the work of the employees at strike. Therefore, the prohibition will also apply on the hiring company.

Follow-up process

The target date of entry into force for the measures dealing with equivalent working conditions for agency workers is 1 January 2026. The measures relating to the legal status of agency workers, on-call contracts and temporary employment contracts are supposed to enter into force on 1 January 2027.

The Proposal is now before the House of Representatives. If it is passed by the House of Representatives, the Proposal will be forwarded to the Senate. Now that the Dutch cabinet has fallen, the question is whether the resigned cabinet will still deal with the Proposal itself or leave it to a subsequent cabinet.

Naturally, we will continue to closely monitor developments concerning the Proposal. Should you have any questions following this news item, please feel free to contact us. We will be happy to assist you.