Temporary or Permanent Contract: What Are Your Rights?


Questioner

At my current employer I have: - Worked for 6 months, while retaining benefits - 2x one-year contract So I actually had a temporary contract three times. Now the employer offers me a temporary contract for one year again. Can they offer me a temporary contract for a fourth time? Shouldn't they be obliged to hire me on a permanent basis if they want to continue using my services?

Questioner

Dear, I assume you were employed for six months and then received two annual contracts. The main rule for temporary contracts is that they terminate automatically (in other words, your employer allows the contract to expire without any action). If a certain number of contracts or a certain period are exceeded, an employment contract for an indefinite period is established. This is called the chain rule. As of January 1, 2020, the rule is that if you have been employed for more than 36 months OR have more than three fixed-term employment contracts, an employment contract for an indefinite period is created. You indicate that you have currently been employed for 2.5 years, but you do receive a fourth employment contract. If there has been no period longer than 6 months between these employment contracts (you have not been apart for more than 6 months), an employment contract for an indefinite period is created. But beware: if you're not yet 18 (which I'm currently assuming you are), it doesn't apply. And if your employment contract is subject to a collective labor agreement, it may contain an exception to the chain provision. So check that carefully. I advise you to discuss this with your employer. If you can claim a permanent employment contract, you can invoke full dismissal protection, which requires notice from the employer, and that's not easy.

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