The termination agreement must be in writing and will generally describe when the contract ends and under what conditions this will occur. If the contract has not been concluded in writing, it may be determined that it is null and void and that, therefore, the employment contract does not terminate. If the agreement is unclear, it can be interpreted as a fixed-term contract instead of a termination agreement. Whether the parties agree on a fixed-term agreement or on the basis of which an agreement of indefinite duration terminates, the parties may be informed or oblivious. If an agreement of indefinite duration terminates on the basis of a termination agreement (i.e. in consultation between the parties) and the parties subsequently conclude a fixed-term agreement within 6 months, a further action is discussed. A fixed-term employment contract must be terminated (Article 7:667(4) of the Dutch Civil Code), under which the employer requires a dismissal authorisation from the UWV Werkbedrijf (3.4.) or applies for dissolution before the District Court (3.5.). In other words, the fixed-term employment contract does not automatically end at the agreed time. Without notice, the employment contract continues to exist, i.e. the fixed-term contract is followed by other fixed-term contracts, which also do not end without notice (or dissolve).
Under certain conditions, an agreement is again created for an indefinite period. For example, if two years have elapsed since the conclusion of the first fixed-term contract (after the contract of indefinite duration) or if a fourth fixed-term contract has been concluded (again after the contract of indefinite duration). This mainly concerns situations where the employee wants to try his luck elsewhere, terminates the contract, but later returns to the employer. If there is no interruption of 6 months, the newly concluded contract for a certain period of time does not end by law. This fixed-term agreement therefore does not end at the end of the period, since it must be terminated with the employee who benefits from protection against dismissal (Art. 7:667-4 DCC). All this under the same conditions as those mentioned in the employment contract d.d. [date of the first fixed-term employment contract]. The reason for the inclusion of an extension obligation in the act can be found in the legislative history. The employee must be protected.
The employee is notified in time that he must look for a new job. In some cases, the chain provision does not apply and the fixed-term contract is not converted into an employment contract of indefinite duration. This is the case if your employee has a BBL contract or if your collective agreement deviates from the chain`s regulations. You can use this document if you want to renew a fixed-term employment contract. C. The employer and the employee terminate the contract indefinitely with a termination agreement (i.e. in consultation) according to which they conclude a fixed-term contract An employer must, on the basis of the law (Article 7:668, paragraph 1, of the Dutch Civil Code), inform the employee in writing at least one month before the expiry of the fixed-term employment contract if and if so, under what conditions the employment contract is renewed. This is called the termination obligation. My office colleague Marc Gerritsen has just written a blog about it. Such notification must be made in good time and in writing, otherwise a fine will be due.
This chapter refers to the situation in which an employment contract of indefinite duration is followed by a fixed-term contract (within 6 months). You will need a letter that will be temporarily converted into a permanent contract if you want to offer your employee a permanent contract with a fixed-term employment contract or if he is automatically entitled to a permanent contract. Since 1 January 2020, a fixed-term contract automatically becomes a permanent contract if an employee has received more than 3 consecutive fixed-term contracts. Or if an employee has had several fixed-term contracts with his employer for more than 3 years. Unless there are other rules in the collective agreement. B. The employee himself terminates the employment contract indefinitely, while he wishes to return later and then receives a fixed-term contract Employees who have an employment contract of indefinite duration cannot simply be dismissed. An employer who does not have an urgent reason for immediate dismissal (3.3.2.) needs a dismissal permit from the UWV Werkbedrijf (3.4.), or he applies to the District Court (3.5.) for dissolution (3.5.). Exceptionally, there is (still) a trial period on which the employer can rely (3.3.1.). Only rarely is an employer who terminates an employment contract unilaterally and legally by the UWV or the District Court then willing to re-enter into a fixed-term contract with the same employee.
If he does so, the fixed-term employment contract ends at the agreed time. This fixed-term agreement is then considered as the first agreement between the parties, for example as the first contract of a chain of three (Art. 7:667-4 DCC). If you wish to inform your employee that you will terminate his fixed-term contract and convert him into a permanent contract, you are required, given your obligation, to terminate him in writing at least 1 month in advance. This also applies if you wish to inform him that his fixed-term employment contract will be automatically converted into an employment contract of indefinite duration. Quickly and easily set up your change of tailor-made letter temporarily on a permanent contract. If you are looking for a sample letter that will be temporarily converted into a contract of indefinite duration, you can also check it out here. In some cases, your employee is entitled to a permanent position in the event of an extension of his employment contract. This system is called the Chain Ordinance. According to this provision, a fixed-term contract is automatically converted into a contract of indefinite duration if: A BBL contract is an employment contract with a trainee in continuing education (BBL). BBL means that a student partly goes to school to complete an apprenticeship and also works partly in practice. A BBL contract is indeed a normal employment contract, but certain employment rules do not apply to it, including the regulation of the chain.
This letter, which is temporarily converted into a contract of indefinite duration, stipulates, among other things: The employee does not agree with this decision of the employer. The employee turns to court. With the written notice that the fixed-term employment contract would be converted after the end date, an employment contract of indefinite duration was created on this end date. The employer now terminates this employment contract irregularly. She therefore maintains that an employment contract of indefinite duration has been created in which she has the right to work, is entitled to remuneration, etc. A fixed-term contract can only be automatically converted into a contract of indefinite duration if the intermediate periods between his employment contracts have not exceeded 6 months. If this is the case, he is not entitled to an automatic conversion, but rebuilds his rights. By correctly formulating termination to convert a fixed-term employment contract into an employment contract of indefinite duration, an employer can always withdraw from an employment contract of indefinite duration. The employer must ensure that the performance and evaluation file is correct. Also note the critical points. Example: An employee had an annual contract from October 1, 2018 to October 1, 2019. Subsequently, the employee received a second one-and-a-half-year contract, from October 1, 2019 to April 1, 2021.
The employment contract was concluded before 1 January 2020, but by the deadline of 1 January 2020, the 2-year term has not yet been exceeded (the date is after 1 January 2020). The 3-year chain regulation applies. Consequently, the second employment contract remains a fixed-term contract and does not become a contract of indefinite duration. One. The employer first unilaterally terminates the contract for an indefinite period and then re-concludes a fixed-term contract • If there are more than three fixed-term employment contracts that followed at intervals not exceeding three months, the last employment contract is deemed to have been concluded for an indefinite period, even if the parties have expressly agreed on a new fixed-term contract. • In the existence of fixed-term employment contracts which together exceed a period of 36 months and are followed at intervals not exceeding three months, the last employment contract applies from the date on which the 36 months were exceeded, as agreed for an indefinite period. We hereby confirm that your fixed-term employment contract will be extended by a period of [duration of the period]. .