Legal questions about temporary contracts?


Questioner

March 2014 I started working for my current employer. At that time the policy was that you would get 3 contracts, of 3 years in total. First a six-month contract, then a one-year contract (this is an extension if you perform well) and then a 1.5 year extension. Based on this policy, I then started working for my employer. However, as of July 2015 the legislation regarding temporary contracts changed... and you are only allowed to be employed 'temporarily' for 2 years and then a permanent contract or no contract extension. Does this new law also apply to my situation? Because my employer is now coming up with a third contract that I have to sign... which states that the contract will end at the end of February 2017? However, I have now been employed for more than 2.5 years? And did I assume that I would already have a permanent contract tacitly... because of the change in the law in July 2015... However, the employer says that my contract that started in March 2014 (3 contracts that together are 3 years) still falls under the old scheme? Is this correct? I think they should not have offered the third temporary contract, because the new law had already come into effect...? Or does that 2-year scheme not apply to me, because the policy at the company where I work was still 3 temporary contracts (3 years in total) in 2014?

Lawyer

Unfortunately, you cannot rely on a permanent appointment. The chain regulation applies from July 2015. However, you can rely on an agreement with the average size of the last three months. I've worked with that before.

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