Are you employed on a zero-hours or seasonal basis and wondering if you are entitled to a redundancy payment (transitievergoeding) when your fixed-term contract ends? In most cases, the answer is yes. Even if you do not work the same number of hours every week, you still accrue rights. Below you will find out when those rights apply, how the payment is calculated, and what to watch out for.
Entitlement to a redundancy payment on a fixed-term contract
Many zero-hours and seasonal workers assume that a temporary or flexible contract means they cannot claim a redundancy payment. That is incorrect. Since the introduction of the Labour Market in Balance Act (WAB) on 1 January 2020, the right to a redundancy payment has applied from the very first working day, regardless of the type of contract. Whether you are on a zero-hours contract, a minimum-maximum contract, or a fixed-term seasonal contract: as soon as the employer takes the initiative to end or not to renew the employment, you are in principle entitled to a payment.
This initiative is a crucial point. If you resign yourself, the right lapses. But if your employer chooses not to renew your contract or dismisses you, the law is on your side. This also applies if you are taken on afresh each year for a set period and the seasonal pattern has remained the same for years.
How the redundancy payment is calculated for zero-hours and seasonal workers
The basic formula is the same for everyone: one third of the gross monthly salary for each full year of service. In 2026, the maximum redundancy payment is €102,000 gross, or one gross annual salary if that is higher. The particular challenge for zero-hours and seasonal workers lies in determining that monthly salary.
Because you do not work a fixed number of hours each week, the law stipulates that the calculation must be based on the average working hours over the twelve months preceding the end of employment. Periods of leave or illness lasting a month or more in total shall be disregarded, and the reference period extended accordingly. In practice: the gross hourly rate shall be multiplied by the average number of hours worked per month, after which the standard formula shall apply.
Have you also received variable pay, such as a bonus or profit share? The average over the last three calendar years is then included in the calculation basis.
Seasonal contracts with gaps and the successive contracts rule
A common situation in the seasonal sector: you work a few months each year, there is a period without a contract in between, and you are then engaged again. The question is whether all those individual contracts count towards the calculation of the redundancy payment and total years of service.
The law applies what is known as an interval rule here. Contracts are linked together if the gap between them is six months or less. If the interruption lasts more than six months, earlier contract periods do not, in principle, count towards the accrual of the payment. Bear the successive contracts rule in mind too: more than three consecutive contracts, or a combined duration of more than three years, automatically gives rise to a permanent employment contract, which in turn has consequences for the dismissal procedure and the payment.
Arrange a no-obligation chat and discover how we can help you.
Plan a conversationDid you work in a comparable role for the same employer, but under a different arrangement or after a longer break? If so, it is advisable to have your specific situation assessed. You can find more general information about your rights on the Redundancy Payment Page.
Exceptions where the right lapses or is limited
There are situations in which, as a zero-hours or seasonal worker, you are not entitled to redundancy pay, or are only entitled to a limited amount. These include the following cases:
- You are under 18 years of age And you worked on average no more than twelve hours per week.
- The dismissal is a direct consequence of serious culpable conduct or negligence on your part.
- You have reached state pension age and are being made redundant on those grounds.
- The applicable collective agreement includes an alternative provision in the event of dismissal for economic reasons, provided that provision meets the statutory requirements.
- Your fixed-term contract expires And the employer and employee have agreed in advance that the contract will be extended for a maximum of six months, with the option to give notice at any time.
If you are unsure whether any of these exceptions apply to your situation, always seek advice before signing anything or agreeing to the end of your contract.
Practical tips for zero-hours and seasonal workers
Would you like to be well prepared for when your contract is not renewed or your employer dismisses you? Bear the following in mind:
- Keep careful records of your hours worked, including on a monthly basis. This makes calculating the average monthly salary much simpler retrospectively.
- Keep all your contracts, including the start and end dates, so you can demonstrate the chain of employment periods.
- Check the gaps between your contracts. If they are shorter than six months, earlier periods count towards the calculation.
- Please note the obligation to notifyFor a fixed-term contract of six months or longer, your employer must notify you in writing at least one month before the end date whether or not the contract will be renewed. Failure to do so entitles you to a notification compensation payment on top of the redundancy payment.
- Check your collective agreementIn some sectors, additional arrangements or different rules on redundancy payments apply.
- Never act under pressureAlways ask for time to consider and have any settlement agreement reviewed before you sign.
Why Labour Lawyer Eindhoven
As a zero-hours or seasonal worker, you are in a more vulnerable position in the labour market. Yet you have full legal rights, even on a fixed-term contract. At Arbeidsjurist Eindhoven, we know the local labour market in the Brabant region well and can help you gain a clear picture of exactly where you stand. Whether you want to check whether your payment is correct or you wish to negotiate better terms, we are happy to think things through with you. Get in touch for a no-obligation initial consultation.
Frequently asked questions
Am I entitled to a redundancy payment as a zero-hours worker?
Yes, as a zero-hours worker you are entitled to a redundancy payment if the employer takes the initiative to end or not to renew the employment. This right applies from the first working day, regardless of the number of hours worked per week.
How is the redundancy payment calculated if my hours vary?
Where there is a variable working pattern, such as with a zero-hours or seasonal contract, the gross monthly salary is calculated on the basis of the average working hours over the twelve months before the end of the employment. The standard formula then applies: one third of a monthly salary for each full year of service.
Do individual seasonal contracts count towards the redundancy payment?
That depends on the gaps between them. If no more than six months separates two consecutive contracts with the same employer, those contracts are linked together and the total period counts towards the calculation. If the interruption lasts more than six months, earlier periods do not, in principle, count.
The maximum statutory redundancy pay is capped at €17,187.
In 2026, the maximum redundancy payment is €102,000 gross. If your annual gross salary exceeds €102,000, your gross annual salary acts as the cap. This amount is indexed annually in line with contractual wage growth.
Your employer is not offering you a new seasonal contract. Are you entitled to a payment?
If your employer decides not to renew your fixed-term contract, you are, in principle, entitled to a redundancy payment. The key factor is that the initiative must lie with the employer. If you resign yourself or agree to the end of the contract without reservation, that right may lapse. Always have your situation assessed in advance.
We're happy to help you brainstorm ideas. For advice tailored to your specific situation, we'd be happy to sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
