Legal advice: Replacement of colleague leads to contract extension
Roc teacher Joost has been replacing a colleague for two school years. His employment contract of 24 hours has therefore been temporarily extended by 8 hours. Is he entitled to a permanent contract of 32 hours if he continues to replace his colleague next year?
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According to the so-called chain scheme, a regular temporary employment contract automatically changes into a permanent employment contract in two cases:
- if you have had more than three consecutive temporary contracts with your employer;
- if you have received multiple temporary contracts for longer than 24 months.
Consecutive
In both cases, there must be consecutive contracts. This is only the case if the periods between the temporary contracts last six months or less. At an interval of longer than six months, the chain of consecutive contacts is interrupted and you start counting again.
However, from a legal point of view a temporary extension cannot be equated with a regular temporary employment contract. The law does not contain any specific provisions regarding the conversion from a temporary extension to a permanent extension. This has been resolved in the CLA for MBO by declaring the legal provisions for regular temporary employment contracts also applicable to temporary expansions.
The law does not contain any specific provisions regarding the conversion from a temporary extension to a permanent extension
Fixed hours
Because Joost's employment is covered by the CLA mbo, Joost is entitled to conversion to fixed hours with a new temporary extension. After all, there are several consecutive temporary expansions that last longer than 24 months from the third school year.
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