Rights under temporary employment contracts

Questioner

I have had a one-year contract since 21-1-2014 that, if I function well (which is the case), would be converted into a permanent employment contract after 1 year. In December it was indicated that the organization wanted to extend the contract for another year instead of converting it into a permanent employment contract. This was discussed verbally. The argument: changed business circumstances. With a bit of imagination, this could be thrown at an upcoming merger (which was already in play when I signed the first contract). In the meantime, I still did not receive written confirmation of this change to the employment contract. The date of 21-1 2015 passed and I still had no written confirmation. I continued working all that time and no one indicated that this was not the intention. Finally I received a written confirmation (the letter is dated 27 January 2015, so 6 days after the expiration of the first employment contract) that my employment contract will be extended until 1-1-2016, based on the start date of the new organisational structure in the intended merger organisation. Based on the planning this would be as of 1-1-2016. I have two questions: - What if the new organizational structure starts earlier or later; what does this mean for the date of my temporary employment contract; - If the organization is not late with the written confirmation, the terms and conditions of the first agreement, which state that my agreement will be converted into a permanent employment contract after 1 year, apply. I look forward to hearing from you. With thanks and kind regards.

Lawyer

The employer has allowed you to work after the expiry of the end date of your employment contract. As a result, you now have a new employment contract with the same term of one year. Your new employment contract now ends by operation of law on 21-1-2016. I advise you to inform your employer of this in writing (by registered letter). Under the new employment law, you are also entitled to a fine of approximately 1 month's salary (21 days) if your employer did not inform you in writing in time whether or not he would extend your contract. The employer at the time expressed the intention that you would receive an employment contract for an indefinite period after 1 year. You did not object - or so I understand - when the employer did not honour this promise. You accepted a new employment contract for an indefinite period. I am of the opinion that you are now no longer entitled to your employer's commitment.