The position of flexible workers has been high on the political agenda for years. Employees with a flexible contract face uncertain incomes, lower pension accrual, a greater risk of poverty and incapacity for work, and limited access to mortgages. The government is now drawing a clear line: fixed-term contracts exist for temporary work, not as a structural way to avoid permanent employment.
After approval by both the House of Representatives and the Senate (on 7 July 2026), the Act on More Job Security for Flexible Workers (“WMZF”) has become a reality. The Act contains three far-reaching changes, which are explained below.
Chain rule: the break period becomes three years
Currently, after three fixed-term contracts, an employer can start a new chain of fixed-term contracts following a break of six months. That is set to change drastically: the break period will be extended to three years. According to the government, this will prevent almost 100 percent of “revolving door” constructions.
Exceptions apply to school and university students with a side job of up to 16 hours per week (the break remains six months) and for seasonal work (three months).
Employers would be wise to map out their current chains of fixed-term contracts now and assess which employees will soon be entitled to a permanent contract.
Zero-hour contracts disappear: the bandwidth contract
The zero-hour contract is being abolished and replaced by the bandwidth contract. Employer and employee agree in advance on a minimum and a maximum number of hours. The maximum may not exceed 130% of the minimum. With a minimum of 10 hours per week, the maximum number of hours per week is therefore 13. The employee may refuse call-ups above that maximum. If someone structurally works more hours than agreed, the employer is obliged to offer a new contract that reflects the actual situation. Deviation via a collective labour agreement is not possible; the legislator is holding firm to this strict standard. Permanent bandwidth contracts do qualify for the low unemployment insurance (WW) premium, which provides a financial advantage. School and university students and state pensioners may, incidentally, still work on an on-call basis under certain conditions.
In practice, this means organisations must estimate their staffing needs more accurately in advance and convert existing on-call contracts to the new bandwidth model in good time.
Agency workers: equal terms of employment and a shorter uncertain phase
Agency workers will be entitled to at least equivalent terms of employment as employees directly employed by the hirer who perform the same work — not only in terms of pay, but for all (primary and secondary) terms of employment. With regard to pay, this equal treatment of agency workers already followed from a ruling of the European Court of Justice.
In addition, phase A of agency work is being shortened from 78 weeks to a maximum of 52 weeks. After phase A and a phase B of a maximum of six contracts within two years, the agency worker is entitled to a permanent contract.
For employers, this means they must make their own terms-of-employment policy transparent in order to assess whether the package offered to agency workers is equivalent. Those who engage the same agency workers for long periods will now be more likely to consider hiring them on a permanent basis. Also keep a close eye on whether you are using agency workers who have already been in Phase B for a long time — be prepared for a swift transition to a permanent contract, or the end of the assignment.
Phased entry into force
The Act enters into force in phases. The part concerning equal terms of employment for agency workers must already take effect on 31 December 2026. The other changes, including the new chain rule and the bandwidth contract, take effect on 1 January 2028. In addition, an interim evaluation is planned within three years of entry into force, alongside the regular evaluation after five years.
What does this mean for your organisation?
Employers with a large flexible workforce would be wise to map out now which contracts and work processes need to be adjusted. Specifically, the following points deserve attention: the current chains of fixed-term contracts and the question of which employees will soon be entitled to a permanent contract; the structure of on-call contracts and the transition to the bandwidth model; and the agreements with staffing agencies on terms of employment.
2027 is the year to get your affairs in order: the Act will take effect on 1 January 2028, and transitional problems are not inconceivable for organisations that start too late in taking stock of their flexible workforce.
Do you have questions about the impact of the Act on More Job Security for Flexible Workers on your organisation or personnel policy? Or do you need help correctly converting zero-hour contracts into bandwidth contracts from a legal perspective? The Legal Company is happy to help.
Blog by our employment law expert Bente Brouwer LL.M.
