Legal advice: when will I hear if I will receive a contract extension?
An MBO teacher has received a second 11-month employment contract with her employer, which expires on 1 June. When does her employer have to notify at the latest whether this employment contract will be extended?
Image: Pixabay
Since the introduction of the Work and Security Act (wwz), employers in MBO have a notification obligation. In the case of employment contracts of six months or longer, an employer must inform the employee in writing no later than one month before the end of the contract whether or not the contract will be extended and, if so, under what conditions. So no later than 1 May in the case of this MBO teacher.
Exceptions
There are exceptions to this main rule. For example, the notification requirement does not apply to an employment contract for a definite period of time, whereby the expiry of the contract is not set on a calendar date. Think of an employment contract for the duration of a project or to replace a sick employee.
The notification requirement also does not apply to a second or third employment contract of less than six months. Nor does it apply to temporary agency workers with an agreement that includes a so-called agency clause.
Fine
If an employer does not comply with the notification obligation, he will owe compensation of a maximum of one month's salary. The amount is in proportion to the number of days that the employer was late in giving notice. The employment contract does end on the end date in the employment contract.
In order to claim the notice penalty, a petition must be submitted to the subdistrict court within two months after the employment contract has ended. So don't wait too long to hire a lawyer.
For legal advice you can AObmember contact the Information and Advice Center on 0900 - 463 62 62.
