Notice period for annual contract

Questioner

A one-year contract signed in 2013, ended automatically on 24. 04. 2014, after that no new contract received / signed but still working. Asked a few times, answer will come fine... In that old contract, an implementation period is stated for the number of years of employment, which would be 3 months for me if I had a valid contract. My question is whether I can now adhere to the legally applicable working-out period of 1 month? I already have a contract at home from my new employer with a start date of 01/01/2022. Thank you very much for the help. Kind regards

Lawyer

Based on Article 7:667 of the Dutch Civil Code, your agreement would have ended in April 2014. However, pursuant to Article 7:668 paragraph 4, the agreement will be continued for a maximum of one year if the parties continue the work without objection. This probably happened again in 2015 and 2016. Based on Article 7:668a paragraph 1 of the Dutch Civil Code, an employment contract for an indefinite period automatically exists after a certain number of contracts (or months). Based on art. 6:672 paragraph 4, the notice period for the employee is 1 month (unless otherwise agreed in writing). As long as that is not the case, it seems that you can cancel. This must be done today if you want your last working day to be December 31. Please feel free to contact us if you have any questions or require legal assistance.