Legal Advice for 0 Hour Contract - Legal Advice

Questioner

I have been working at a temporary employment agency for 9 months now, where I have a 0-hour contract. The past 9 months I have been on temporary employment for 40 hours a week at a company, only here the work has stopped for 2 weeks now so I am now at the office of the temporary employment agency. My contract runs until August 31st, but my boss now indicates that he has no work for me. He indicated that he will use my zero-hour contract and scale me back from 40 hours per week to 0 hours per week. Which means that I have no income at all. From what I have read he cannot do this, because I have the right to work especially after 9 months of full time work. But I have a paragraph in my contract that I do not fully understand and I am afraid that this paragraph will nullify that. So my question to you what exactly is meant by this paragraph and does my boss also have an obligation to continue paying wages: Article 7:628 BW is explicitly not applicable during the first six months of employment with regard to working hours that exceed the minimum number of 40 hours per week. With regard to working hours above the minimum, the employee is therefore only entitled to wages if he has performed work during those hours. After the employment contract has lasted six months, the employee is entitled to continued payment of wages for working hours above the minimum, which have been agreed upon via scheduling or verbal agreement and which nevertheless lapse due to a cause that must reasonably be attributed to the employer.

Lawyer

If you have worked more than 20 hours for three months or more, you can rely on these hours. The law stipulates that after three months there is a legal presumption of an average number of hours worked, which have been worked over a certain period. You must inform the employer of this in writing and request these hours. If the employer does not want to cooperate, you can submit the case to the court. If you would like further help and/or advice, please feel free to contact me.