Right to a Permanent Contract: Employment Law Advice


Questioner

I was offered an employment contract for 15 hours per week in early 2016. Early 2017 my employer asked me if I wanted to work more, I agreed. I received a "temporary extension of hours" for 24 weeks. After working for 24 weeks, immediately after that the "temporary extension of hours" was extended by another 25 weeks. After working 49 weeks FT I had to come for an interview. In the interview the manager indicated that they could not offer me FT because there is no good time for it now. Now my question is: Am I now entitled to a FT contact based on "legal presumption"? Also important to know: Confirmation of temporary extension of hours did not state how many hours I was going to work. It was said that I could work an unlimited number of hours.

Lawyer

This temporary extension is not temporary on the basis of legal presumption. The scope of your employment contract (in hours) has been scaled up after three months. How many contract extensions have you had since January 2016 and what is the term of your current employment contract?

Questioner

I have been given an employment contract for an indefinite period. That's why I found it strange that I worked 49 weeks FT and then suddenly couldn't do it anymore.

Lawyer

In employment law, the principle applies to many matters: if you do not indicate that you do not agree with something, then there is nothing wrong. If you would like advice and your employer would like to improve its protocols regarding this theme, you can contact our office.

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