The hospitality industry often employs flexible hours staff such
as dishwashers, cleaners and kitchen helpers. Called in during busy
periods, such employees work less during quiet periods. This is
allowed in the Netherlands, provided it is done within the
statutory framework, the Collective Labor Agreement for the hotel,
restaurant and café industry (Horeca-cao) and any
arrangements made in the employment contract.
But what happens if an employee on a fixed-term employment
contract is no longer called in, for example, because an assignment
is cancelled or there is an employment dispute, even though the
contract is still ongoing and there has been no formal
termination?
Such a situation was the subject of a recent court
case.1 The employer unexpectedly stopped offering work
to a cleaner, even though his employment contract was still in
force. The court held that what the employer may have seen as a
practical solution was a case of wrongful termination
