Rights with temporary contracts | Rechtswinkel.nl
Questioner
My 3 temporary contract expires tomorrow and I was told today that they do not want to continue with me because they are not 100% convinced. While the contract states that they have to do this at least 1 month in advance. What are my rights now? Because this cannot just happen.Lawyer
Based on BW 7 article 677 paragraph 3 you are then entitled to compensation of 31 days. With this fixed compensation you can convincingly go to a new employer.Lawyer
In the case of temporary contracts of more than 6 months, the employer must give written notice at least 1 month in advance that the employment contract will not be extended. De Jong refers to art. 7:677 section 3 BW. This concerns summary dismissal and is therefore not applicable here. He probably means art. 7:668 section 3 BW. The term 'fixed damages' has disappeared from the law since July 2015 and is also used incorrectly here If the employer does not give notice on time, the maximum compensation is one month's salary. Your compensation is the number of days that the employer gave notice too late. Since you do not mention the date on which the contract ends, De Jong's 31 days are a shot in the dark. In the case of 3 contracts with a total duration of 02 years or more, there may be an employment contract for an indefinite period. In that case, the situation is different.Questioner
The situation is that I have now had 3 temporary contracts of 1.5 years in total and now it has ended today. Yesterday I was told verbally that I cannot get an extension and therefore no permanent appointment. Nothing has been reported in writing.Lawyer
You can then claim the maximum compensation of 1 month's salary. You must claim this in writing from the employer. If he does not pay, you must have filed the claim with the subdistrict court within 02 months (expiry period). You may do this yourself, but it is better to consult a lawyer beforehand (see previous answer).Neem de volgende stap
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