ZZP and Zero Hour Contracts

ZZP and zero hour contracts

About this page:

This is a living document. As the Dutch government keeps giving mixed signals and changing the implementation of the law, there are no guarantees. Here you can find updates and some general trends we have been noticing.

Last update: 26/03/2025

The Government kills it’s own darling: The 0 hours contract

The past two decades have been the era of “flexibility”, “be your own boss”, and “entrepeneurship in the gig economy”. After unleashing a tsunami of neoliberal economic policy on the dutch labor market, the government is now trying to correct the abusive labor situation it has created. The best they could do was to make it slightly less terrible.

In fact, zero hour contracts and removing restrictions on self-employment were seen as the way towards a more functional economy, with less bureaucracy for employers. There was strong criticism of how zero hour contracts and flex work leave workers powerless, but employers from all sectors jumped at the opportunity for cheap and vulnerable employees including the dutch government itself!

The hospitality sector is a good example of a sector that always justifies using zero hour contracts because of the “inconsistent nature” of the work. We see nothing inconsistent about working 40-50 hours in a sweaty kitchen, or in housekeeping for a busy hotel, every weekend and long evening shifts. The only thing that is inconsistent is the protection you receive when you get sick, when you cannot work, or when your employer decides to just not pay you.

Currently, zero-hour contracts in the Netherlands give employers all the control. 0 hour contract workers have no fixed working hours and are paid only for the hours they worked. These contracts throw all the protections for regular contract workers out of the window (paid sick leave, protection of work hours, ).

So what is this new law?

This year (2025), the government has made the ban on zero-hour contracts official. The new legislation will replace these contracts with “basiscontracts” that provide more predictable working hours. Employers will be required to provide basic contracts specifying a minimum number of guaranteed working hours, according to the average hours employees work. ​​​​​​​ It resembles a min-max contract, which is a construction that already exists. It establishes a minimum of hours that have to be insured by the employer.

This new law makes it look like the government is trying to protect workers by getting rid of the evil zero hours contract, but is actually trapping us in almost the same situation. The new “basiscontract” is a bit safer than the 0 hours, but it can be dangerous if the minimum hours are too low. For example, if I am given a 3-25 hours min-max contract, I am vulnerable because if I cannot work I will be paid only the minimum hours of my contract (in case of injury, illness, lack of work hours for the business etc). Workers have to learn to negotiate for higher minimums when they enter contracts, and to ask for the minimum to be raised as soon as they can prove that their average hours are more than that. The procedure for how to adjust the average hours on a contract is also not clear yet.

There are also new standards about extra work hours (more than the agreed average hours in your contract). There will be no obligation to come to work outside of agreed working hours. This way, you can have more control over your schedule, and you can combine your work better with the rest of your daily life (education, childcare, free time and rest).

Agency workers

Regarding agency (uitzendbureau) employees, the phases A & B of temporary contracts has been reduced to 4 years maximum, instead of the previous 6,5 years maximum. Although this is an improvement, it still shows complete ignorance about the needs of working people for more stability. Three years of temporary employment are enough to make someone lose a job, and suffer the loses of benefits and stability that could help them have a healthier life. Just like previous labor laws, this law change ignores the coercive behavior of employers, who force precarious workers to remain with shitty contracts and shitty working conditions, just to have a job. The burden to request better conditions falls again on the worker, who has to risk losing their job when they demand better treatment.

Self employed workers (ZZPers)

It is also not a coincidence that this development goes hand in hand with a crackdown on what is termed “false self-employment”. Although it is clear that self-employed professionals have been used as a cheaper workforce that requires less work and investment (no pension fund, sick pay, workplace accident compensation etc etc), it is also clear that the current approach will be directly punishing many workers that were forced into self-employment in the first place. These employees are now forced to enter the labor market with no pension fund investment and no hours of service as employees recorded by the tax authorities. It also raises questions about the tax money that was required of the self-employed workers, and why this cannot be invested in their transition to the new market.

Is this new law for everyone?

Once again, students and young people (under 18) have been excluded from the protections given to other workers. The government refuses to recognize students that work as workers. The same goes for workers under 18 years old. They are old enough to work and pay taxes, but apparently not old enough to be protected as other workers.

There are also rumors of an exception to this ban of 0 hours contracts for the horeca – we are not surprised to hear this. Sectors like the Horeca are allowed to exploit workers more than other sectors. We know that the government and the public have little respect for the skills and work that horeca workers provide.

Conclusion: 0 Hours Contracts aren’t dead – they just suck a bit less.