The Flexible Workers Increased Security Act has been adopted

The Act will enter into force on 1 January 2028, except for the provisions on equal pay for temporary agency workers. Those provisions will already take effect as of 31 December 2026. 

The main changes are set out below. 

The abolishment of zero-hours contracts

Zero-hours contracts will be abolished and replaced by a bandwidth contract. The maximum number of working hours may not exceed 130% of the agreed minimum number of hours. An employee may refuse additional hours in excess of the agreed maximum.

A zero-hours contract may, however, remain permissible for: (i) minor employees, (ii) school pupils, and students whose average working hours do not exceed sixteen hours per week and (iii) employees entitled to an old-age pension.

Chain rule (3 x 3 x 3)

The current interruption period of six months will increase to three years. 

Currently, a fixed-term employment contract is converted to a permanent employment contract if the employment lasts longer than three years or if three fixed-term employment contracts have already been concluded. The chain is interrupted if there is a break of more than six months between two fixed-term employment contracts. This six-month period will be replaced by a period of three years.

Exceptions will apply: 

• For work that is available for a maximum of nine months per year (seasonal work), an interruption period of three months will remain possible. 
• For adult school pupils and students with a side job averaging no more than 12 hours per week, the original interruption period of six months will continue to apply. 

Temporary agency workers

The agency deployment phase will be shortened: 

• Fase A will be extended from 26 weeks to 52 weeks.
• Fase B will be reduced from three years to two years with a maximum of six contracts. 

Under the current legislation, temporary agency workers are entitled to at least the same employment conditions as employees in identical or equivalent positions who are working directly for the hirer. With effect from 31 December 2026, temporary agency workers will be entitled to at least equivalent employment conditions. The collective bargaining agreement for employment agency workers has already been amended. 

What are the consequences for employers? 

Although most of the changes will not enter into force until 1 January 2028, it is advisable to already review your organizational set-up and align your contracts with the new laws and regulations. It is also recommended to start reviewing your operational processes considering the introduction of bandwidth contracts. Work schedules may need to be adjusted according to these contracts. 

Should you wish to discuss the exact consequences of the new legislation for your organization, please feel free to contact us. We would be pleased to assist you.