No contract extension if you refuse to work as a self-employed person?

Questioner

I have been working in a dental practice for 2 years as an employee. My temporary contract expires on January 9, 2024. Now they want me to start working as a self-employed person in January and I don't want that. Now they have said a month in advance that my contract will not be extended. Is this allowed? I also have a lot of minus hours and I can no longer catch up. Can they offset this with the final salary?

Lawyer

In answering your questions, there are two important issues to consider: 1. Transition from employment contract to self-employment: To start with, an employer is not allowed to extend a contract if that is their wish. However, they do have a notice period and certain rights and obligations to consider. Some of these include, for example, that they are required to let you know in writing at least one month before your temporary contract expires whether or not it will be extended. In your case, that seems to have been done correctly. However, the transition from an employment contract to a ZZP construction is not always simple and transparent. It can be considered a sham construction, especially if the employment relationship remains the same. There may be consequences for this. 2. Settlement of minus hours with final salary: As for your minus hours, this depends on what is stipulated in your contract or the applicable collective labor agreement. Generally speaking, if you have worked too little according to your time registration, your employer can indeed deduct these hours from your salary. However, they must communicate this to you and it must be reasonable. It is important to note that the details of your individual situation may affect this general information. Therefore, it may be wise to seek legal advice from a lawyer or attorney to understand all possible options and implications in your situation. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.