Substitutes permanent contract in a period without a collective agreement
A substitute in special education was given a permanent job by the judge, because the Work and Security Act applied, which prescribed a permanent job with more than three contracts. The term of the collective labor agreement has expired, it is a ruling that may have consequences for more people.
The end of October bow the subdistrict of the District Court of East Brabant considered the question of whether a school board in special education could deviate from the new Work and Security Act that came into effect on 1 July 2015 and has rules for successive temporary contracts, the chain provision.
A primary school worker filed a lawsuit against her school because she felt she was entitled to a permanent contract because she entered into a fourth fixed-term contract within three years.
The Work and Security Act then says that you must hire those employees on a permanent basis.
Wider regulation
The school did not think so and was of the opinion that the broader arrangement whereby employees can receive an unlimited number of temporary contracts from the 2014-2015 collective labor agreement for primary education was still applicable. Although this collective labor agreement had been terminated, the school felt that it still applied because there was no new collective labor agreement.
De judge won't do that Note: the term of the collective labor agreement had expired, so the chain provision of the Work and Security Act was applicable and not the old arrangement from the collective labor agreement. Schools could not invoke this old scheme between 1 July 2015 and 1 July 2016.
Right to a permanent contract?
This ruling may have consequences for teachers in special education who have received multiple temporary contracts. They may be entitled to a permanent contract. Public education falls under civil service law.
Before 1 July 2016, did you have more than three temporary contracts of employment or were you in temporary employment for more than 24 months with the same employer in special education? Then you may be entitled to a permanent contract. Contact the Information and Advice Center of the AOb if you think you should have gotten a permanent contract via 0900-4636262
