Transitional payments for zero-hours workers in Eindhoven: Here's how it works

Transition payment for an on-call worker

Do you work on a call-up basis and wonder whether you are also entitled to a transition payment upon dismissal? The short answer is yes. Even as a on-call worker with a temporary contract, you accrue rights from your very first working day. Below you can read exactly how this works, how the payment is calculated, and what you need to watch out for.

Entitlement to a transition payment from day one

Many on-call workers think that a transition payment is only available to people with a permanent contract. That is not correct. Since the introduction of the Labour Market in Balance Act (WAB) on 1 January 2020, every employee — including you as an on-call worker — has been entitled to a transition payment from the very first day of employment. It does not matter whether you work under a zero-hours contract, a min-max contract, or a short-term temporary contract.

One condition is important: the initiative to end or not to renew the employment must lie with the employer. If you resign yourself, this entitlement lapses in most cases. If you are dismissed or your temporary contract is simply not renewed, you are in principle entitled to a payment. An exception applies if the dismissal is the result of serious culpable conduct on your part.

How the calculation works for an on-call contract

The calculation of the transition payment is, in essence, the same for on-call workers as for other employees: one third of a gross monthly salary for each full year of employment. What differs is the way in which the monthly salary is determined.

With a zero-hours or on-call contract, the number of hours you work is not fixed. For this reason, the calculation is based on the average gross salary over the twelve months preceding the end of the employment contract. If your contract lasted less than twelve months, the average is calculated on a pro-rata basis. Periods of leave, illness or strike are disregarded; if such a period lasts longer than thirty calendar days, the reference period is extended by the same amount of time.

In practice this means: your gross hourly wage is multiplied by the average number of hours you have worked per month. This gives the notional monthly salary, after which the standard formula is applied.

The maximum transition payment in 2026

The transition payment is capped by law and is indexed annually. In 2026 the statutory maximum is €102,000 gross. If you earn more than this amount per year, your gross annual salary serves as the upper limit. For most on-call workers this maximum is not relevant, but it is worth knowing that the statutory payment is always merely the minimum. Negotiating a higher severance payment is possible in some cases, particularly where special circumstances apply.

When does the right to a payment lapse

There are situations in which, as an on-call worker, you cannot claim a transition payment. The most important ones are:

• You are under 18 years of age and you worked an average of no more than twelve hours per week.
• You have reached the state pension (AOW) age at the time of dismissal.
• The dismissal is the direct result of serious culpable conduct or omission on your part.
• Your collective labour agreement (cao) includes an equivalent alternative provision upon dismissal for business-economic reasons.
• Your fixed-term contract expires and you and your employer have agreed in advance that the contract will be continued within a maximum of six months, provided the new contract can be terminated early.

Are you unsure whether one of these exceptions applies to your situation? Have this assessed by a specialist, so that you do not unnecessarily forfeit your rights.

Additional rights as an on-call worker under the WAB

The WAB did not only change the rules on the transition payment. As an on-call worker you have also received greater protection in other areas. For example, after twelve months your employer must offer you a contract with a fixed number of hours, based on the average hours worked during that year. If they fail to do so, you are still entitled to pay at the level of that average. In addition, a call to work must be made at least four calendar days in advance; if shorter notice is given, you are entitled to decline it.

Practical tips for on-call workers facing the end of their employment

• Always keep your payslips and hour overviews; these are indispensable when calculating the average monthly salary.
• Record the exact start and end date of each contract, even if you have had several consecutive fixed-term contracts.
• Check whether your collective labour agreement (cao) contains different arrangements regarding the transition payment in the event of dismissal for business-economic reasons.
• Always ask for written confirmation of a non-renewal; verbal confirmation is difficult to prove.
• Always have a settlement agreement checked before you sign it: the transition payment is not always calculated correctly in the document.
• Use the official calculation tool on the Dutch government website as an initial indication, but be aware that a tailored calculation may differ.

Multiple consecutive contracts count towards the total

Have you had several successive fixed-term contracts with the same employer, with gaps of no more than six months between them? If so, those periods are added together when calculating the transition payment. The longer your total period of employment, the higher the payment. This also applies if the contracts alternated between an on-call agreement and a regular fixed-term contract with the same employer. More background on how the payment works can be found on the transition payment-pagina.

Why Employment Lawyer Eindhoven

As an on-call worker, you are not always in a strong position when facing dismissal. The calculation of your payment is somewhat more complex than for a permanent employment contract, and employers sometimes take advantage of this. At Arbeidsjurist Eindhoven, we know the local labour market in the Eindhoven and Brabant region well and we know exactly what on-call workers are up against. We look at your specific situation together with you: is the calculation correct, have all contract periods been taken into account, and is there scope to achieve more?

Get in touch with no obligation. An initial conversation costs you nothing, but it could take you a great deal further.

Frequently asked questions

Am I entitled to a transition payment as an on-call worker?

Yes. Since 1 January 2020, every employee — including an on-call worker on a zero-hours contract or a min-max contract — has been entitled to a transition payment from the very first working day. The condition is that the employer takes the initiative to terminate or not renew the contract.

How is the transition payment calculated if my hours vary from month to month?

With an on-call contract, the gross monthly salary is established on the basis of the average salary over the twelve months preceding the end of the employment contract. The standard formula then applies: one third of a gross monthly salary for each full year of service.

What is the maximum transition payment in 2026?

In 2026, the maximum transition payment is €102,000 gross. If your annual salary exceeds this amount, your gross annual salary applies as the maximum amount you can receive.

Do multiple short-term contracts with the same employer count towards the total?

Yes. Consecutive fixed-term contracts with the same employer are added together when calculating the transition payment, provided the gap between the contracts was no longer than six months. The longer the total period, the higher the payment.

My employer is offering me a settlement agreement. Must the transition payment be included in it?

In the case of a dismissal by mutual consent, you have no automatic statutory right to a transition payment, but in practice one is usually included. Always have a settlement agreement checked by an employment lawyer before you sign, so that you can be certain the payment has been calculated correctly and in full.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.