Redundancy Pay for Seasonal Workers and Zero-Hours Staff: Know Your Rights

Transition payment for seasonal work and on-call work

Do you work on a call-up basis or as a seasonal worker, and are you wondering whether you are entitled to a transition payment when your temporary 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 in the normal way. Below you can read when those rights apply, how the payment is calculated, and what to watch out for.

Entitlement to a transition payment on a temporary contract

Many on-call workers and seasonal workers believe that a temporary or flexible contract means they cannot claim a severance payment. That is not correct. Since the introduction of the Wet arbeidsmarkt in balans (WAB) on 1 January 2020, the right to a transition payment applies from the very first working day, regardless of the type of contract. Whether you work on a zero-hours contract, a minimum-maximum contract, or a temporary seasonal contract: as soon as the employer takes the initiative to end or not to renew the employment relationship, you are in principle entitled to a payment.

That initiative is an important point. If you resign yourself, that right lapses. But if your employer chooses not to renew your contract or to dismiss you, the law is on your side. This also applies if you are taken on anew each year for a fixed period and the seasonal pattern has been the same for years.

How the transition payment is calculated for on-call work

The basic formula is the same for everyone: one third of the gross monthly salary for each full year worked. In 2026 the maximum transition payment is € 102.000 bruto, or one gross annual salary if that amount is higher. What is particular for on-call workers and seasonal workers lies in determining that monthly salary.

Because you do not work a fixed number of hours per week, the law prescribes that the calculation is based on the average working hours over the twelve months preceding the end of the employment. Periods of leave or illness that together lasted one month or longer are disregarded, and the reference period is extended accordingly. In practice: the gross hourly wage is multiplied by the average number of hours worked per month. The standard calculation then applies.

Have you also received variable remuneration, such as a bonus or profit share? In that case, the average over the last three calendar years is included in the basis for calculation.

Seasonal contracts with breaks and the successive-contracts rule

A situation often encountered in the seasonal sector: you work for a few months each year, there is a period without a contract in between, and then you are taken on again. The question is then whether all those individual contracts count towards the calculation of the transition payment and the total years of service.

The law applies a so-called intervening-period rule here. Contracts are linked together if the break between them is six months or less. If the interruption lasts longer than six months, the earlier contract periods do not, in principle, count towards the accrual of the payment. Be aware also of the successive-contracts rule: if there are more than three consecutive contracts or a combined duration of more than three years, an open-ended employment contract arises by operation of law, which in turn has consequences for the dismissal procedure and the payment.

Did 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. More general information about your rights can be found on the page transition payment.

Exceptions where the right lapses or is restricted

There are situations in which, as an on-call worker or seasonal worker, you have no right or only a limited right to the transition payment. These include the following cases:

• You are under 18 years of age and you worked an average of no more than twelve hours per week.
• The dismissal is the direct result of serious culpable conduct or omission on your part.
• You have reached the state pension age (AOW age) and are dismissed for that reason.
• The applicable collective labour agreement (cao) includes an alternative provision in the event of dismissal for business-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 renewed within a maximum of six months with an interim notice option.

Are you unsure whether one of these exceptions applies to your situation? Always seek advice before you sign anything or agree to the termination of your contract.

Practical tips for on-call workers and seasonal workers

Do you want to be well prepared for the moment your contract is not renewed or your employer dismisses you? Bear the following in mind:

• Document your hours worked carefully, including per month. This makes calculating the average monthly salary retrospectively considerably easier.
• Bewaar alle contracten, including start and end dates, so that you can demonstrate the chain of successive employment contracts.
• Controleer de tussenpozen between your contracts. If these are shorter than six months, earlier periods count towards the total.
• Let op de aanzegtermijn: for 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. If this obligation is not met, you are entitled to a notice-to-renew compensation (aanzeggingsvergoeding) in addition to the transition payment.
• Controleer je cao: in some sectors, additional agreements or deviating arrangements apply regarding severance payments.
• Zet niets onder druk: always ask for time to consider and have a settlement agreement checked before you sign.

Why Employment Lawyer Eindhoven

As a casual or seasonal worker, you are in a more vulnerable position on the labour market. Yet you have full rights, even under a temporary 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 know whether your payment is correct, or you wish to negotiate better terms, we are happy to think things through with you. Contact us without obligation for an initial conversation.

Frequently asked questions

Am I entitled to a transition payment as a casual worker?

Yes, even as a casual worker you are entitled to a transition payment if the employer takes the initiative to end or not to renew the employment relationship. This right applies from the first working day, regardless of the number of hours worked per week.

How is the transition payment calculated if my hours vary?

Where there is a variable working pattern, such as with a casual or seasonal contract, the gross monthly salary is calculated on the basis of the average working hours over the twelve months prior to the end of the employment relationship. After that, the standard formula applies: one third of a monthly salary for each full year of service.

Do separate seasonal contracts count towards the transition payment?

That depends on the gaps between them. If no more than six months elapse between two consecutive contracts with the same employer, those contracts are linked together and the total period counts towards the calculation. If the break lasts longer than six months, earlier periods do not in principle count.

What is the maximum transition payment in 2026?

In 2026 the maximum transition payment is €102,000 gross. If you earn more than €102,000 per year, your gross annual salary serves as the maximum. This amount is indexed annually on the basis of contractual wage developments.

My employer is not offering me a new seasonal contract. Am I entitled to a payment?

If your employer decides not to renew your temporary contract, you are in principle entitled to a transition payment. What matters is that the initiative lies with the employer. If you resign yourself or agree to the end of the contract without reservation, that right may lapse. You should therefore always have your situation assessed in advance.

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.