Legal Assistance with Employment Contracts


Questioner

I have a temporary employment contract for 6 hours per week. This contract has already been extended twice and in January I should get a permanent appointment. My average number of hours per week has been 20 to 21 hours all this time. the last two months I have worked more, on average 30 hours per week, because 1 colleague has been sick for a long time, 1 colleague has been sick and several colleagues have had vacation. This 'adjusted' period is estimated to last until after the autumn break. I myself have an approved vacation period of 12 days around the autumn break. Now I am the one who has been filling in, swapping shifts, staying longer or starting earlier for the entire period that I have been working there. Now I have been offered a six-month contract for 15 hours per week, somewhere else. I have accepted this and my manager does not agree. Because I am no longer (read: less) flexible. She points out to me that my contract states that no secondary activities may be performed without her permission. And she does not agree, because I am suddenly less flexible. But I am still flexible, my new employer is prepared to schedule according to the schedule of my current employer. Only I can less easily step in outside the approved schedule of the current employer. Around the approved schedule we plan as many other activities as possible, such as doctor's visits, social appointments or other non-work related activities. Otherwise we can indicate in an agenda that we want to be free. Then we plan around it, without losing vacation hours. Now my contract literally states 'the employee may not perform any secondary functions, paid or unpaid, without the employer's permission. The employer will only refuse this permission on reasonable grounds.' Now it is the case that there is another new employee (still in a trial period) who just after being hired by us suddenly got another job and can therefore only work 1 specific shift. And there are a number of permanent employees who can or want to work certain shifts. We are open 24 hours, so I am referring to the night shift, for example. I have not refused to work a single shift during all the temporary periods that I have been employed. My specific questions are; - can't my manager agree to my other work? And should I therefore resign? The people at the head office are aware of my new job on the side and are happy for me (literally received it in an email). That is in principle the employer because I have had contact with a member of the family within this family business. - could this be a reason my contract is not extended (and therefore permanent) in January? I don't want to give up this job. -Can my manager demand that I swap shifts, while at my other job I have been assigned to the approved schedule of my first employer and therefore cannot swap shifts now? -what does 'only on reasonable grounds' mean and do such reasonable grounds apply here? Thank you very much in advance NH

Lawyer

If you have received three contracts with intervals of no more than six months within 24 months, you will ensure a permanent contract. It remains up to your employer to offer you a contract. You can also rely on an agreement with the average number of hours you have worked in the last three months. In principle, your employer must stick to its own schedule. There must be reasonable grounds for a different schedule. This also has to do with your collective labor agreement. I have worked with argumentation before.

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