Legal Advice: Teacher enforces work time

Tekst redactie Onderwijsblad - 14 september 2020 - 2 Minuten om te lezen

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Mr Ludwig has finished his first year at a school in Drenthe. Last school year, he worked as a chemistry teacher with a working time factor (wtf) of 0,6, which was later temporarily expanded by 0,2 to replace a sick colleague in the senior years. The wtf indicates which part of a full-time job people are employed; 1,0 stands for a full working week.

Mr Ludwig worked for a total of 0,8 wtf. Both the temporary employment contract and the temporary extension expired on August 1, 2020. The school is very satisfied with Mr. Ludwig and his team leader has indicated to HR that he can look forward to a new employment contract. The HR employee immediately got into the pen to draw up a nice new contract for this employee with a working time factor of 0,8. Mr. Ludwig is satisfied with the proposal, signs it and immediately e-mails a scan of the signed copy back to the employer.

Withdrawn

Two days later, he receives a phone call from the HR employee. The latter informs him that the working time factor of 0,8 stated in the agreement is incorrect and that it should be 0,6. The proposal / contract is therefore withdrawn. He is also informed that he will receive a new agreement by post with the 'correct' working time factor. Mr. Ludwig reports to the Legal Service of the AOb for advise.

He indicates that it is a plus for him that the working time factor of 0,8 remains intact. The AOb advises him to notify his employer in writing that he could reasonably assume that this working time factor was correct, given that he has also worked for that working time factor in the past school year, that he has already accepted the proposal by signing it and that the employer therefore has become bound to it.

Reasonable

It is a reasonable offer that cannot be withdrawn by the party that made the proposal once it has been accepted. The employer must therefore implement the 'incorrect' employment contract accepted by Mr Ludwig. Fortunately, everything turned out well in the case of Mr Ludwig. The employer agreed with the explanation of the AOb and endorsed our legal substantiation, so that our member could start working for chemistry with a working time factor of 0,8 in the new school year.

This section is based on practical experience of AOblawyers. Do you encounter a problem yourself, or do you have questions about your contract? Become a member and we can help you!