Temporary contracts and permanent employment: Your questions answered

Questioner

I have a question. I've currently had three temporary contracts with my employer. After these three contracts, the same company hired me on a secondment basis, and I've since received a second extension. Can the same company offer me another temporary contract?

Questioner

In this case, it concerns a fixed-term employment contract. A fixed-term employment contract can be entered into for a specific number of days, weeks, months, or years, by specifying an end date. Fixed-term employment contracts cannot be entered into indefinitely and cannot terminate automatically. At some point, an employment contract for an indefinite period automatically arises. This can occur when: - When four fixed-term employment contracts have succeeded each other, with intervals of no more than three months, the fourth employment contract is deemed to be the conclusion of an employment contract for an indefinite period. If the second or subsequent contract exceeds 36 months, the contract automatically converts to a permanent contract. The period between contracts may not exceed 3 months. Note that there is an exception: if the employee's first temporary contract lasts 36 months or longer and the second temporary contract lasts a maximum of 3 months, the temporary contract does not automatically convert to a permanent contract. If the new contract does exceed 3 months, the employee is entitled to a permanent contract. For employees who previously performed the same work as a temporary worker, the temporary employment period counts as a single period. If there have been more than one temporary employment period, with intervals of less than three months, these periods all count as links. In theory, it could happen that temporarily appointing an employee who has previously performed the same work for three temporary employment periods effectively means that the temporary employment contract automatically converts immediately into a permanent contract with associated dismissal protection. Employment contracts between the same employee and different employers who, with respect to the work performed, can reasonably be considered each other's successors are considered to belong to the same chain. This prevents the so-called "revolving door" situation for employers. Please note: a deviation to the detriment of the employee is only possible through a collective labor agreement. In your case, I understand that you initially received three contracts and were then taken on as a secondment. From your explanation, I can gather that you continued performing the same duties. If this is the case, the employment contract is for an indefinite period (provided there were no intervals longer than three months between renewals and you were not seconded to a different position entirely). It's wise to discuss this with your employer. Your employer may not have considered this situation. Therefore, a temporary extension is not applicable in this case. Your fourth employment contract is an employment contract for an indefinite period.