Employment law: Refuse a permanent contract?

Questioner

I currently have 2 part-time jobs. One is permanent, the other temporary, with the possibility of a permanent position in the short term. The problem is the temporary job. I don't want a permanent position. I really tried and will have done it for 2 years in due course. I certainly gave it a chance, but I am not the right person for the job. This has to do with my background (education, experience), the job content and the employer's rigid attitude when it comes to employee feedback and especially the division of hours (5 mornings, 4 hours). During a performance review I already requested a different division of hours (4 days of work) and I also indicated what I think could be done differently/better. The response was 'get used to it'. To which I said that I find that attitude a pity and that I cannot continue to guarantee my patience on the work floor after 2 years. Nevertheless, the conversation was very positive and I am considering a possible permanent position. My questions now are: Can I refuse this without losing my unemployment benefit rights? Is it advisable to ask the employer not to offer me a permanent contract (in favor of someone who is eager to get started)? Does it make any difference to my unemployment benefit rights if I still have another part-time job with a permanent contract after losing this job? By the way, it's really not laziness, because I apply for jobs like crazy...and have always worked for pay. But I feel like this position is more of a hindrance than a help to me. And to convert that into a permanent employment contract...? Thanks in advance for all the responses!

Lawyer

From an employment law perspective, you may ask your employer not to give you a permanent position. I do not know if both contracts are with the same employer. If so, keep in mind that your employer may not like it. In that case, he may start to be nasty about your permanent contract. That is not allowed, but it is possible. If you terminate the temporary contract/do not extend it, you run a great risk of not receiving unemployment benefits. For unemployment benefits, the initiative must come from the employer. If the initiative comes from the employee, as in your case, then there is probably no right to unemployment benefits. This will only be different if you cannot reasonably be expected to continue the temporary contract. I do not gather from your story that this is the case. If this is the case (you must demonstrate this), then the situation may be different.

Questioner

Thanks for the reply! I appreciate it! The contracts are with 2 different employers. If I refuse the possible permanent contract I refer to above, I still have the other job (with a permanent contract). And fortunately that will not cause any problems there. What I wonder is how the UWV can determine that I took the initiative to not let the employer offer me a permanent contract, if the employer is prepared not to do so? Does an employer have to report this to the UWV? In addition, someone else will get a permanent contract in my place. It is one or the other, so in terms of quantity it makes no difference for the UWV for providing a (supplementary) unemployment benefit...