Unrest about new contracts for public education staff
Educational staff working in public education will have to deal with new rules as of 1 January 2020. A law changes their 'appointment agreement' to an 'employment contract' like colleagues in special education have. Although school boards are not allowed to alter the terms of employment, notes AOb-policy lawyer Anissa Khattabi that some boards seize the opportunity after all.
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At the AOb Dozens of emails and phone calls have been received from concerned members of public education. They receive a new contract from their employer because of the Normalization of the Legal Status of Civil Servants Act (wnra).
Same legal position
The wnra will come into effect on 1 January 2020; all civil servants in the Netherlands have to deal with it, including educational staff from public education. “In primary and secondary education, about 30 percent of the institutions are public,” says Khattabi. The law provides that all employees in public education receive the same type of contract and the same legal status as their colleagues from special education. “Everyone will then come under the Civil Code and collective labor agreement law. Now civil servants did not fall under that code and certain matters were arranged differently.”
The law provides that all employees in public education receive the same type of contract and the same legal status as their colleagues from special education
Administrative
According to the AObpolicy lawyer, it is purely an administrative amendment to the law whereby employers are not allowed to change the employment conditions. “The law states that the employment contract is automatically converted into an employment contract. All previous appointments also automatically count towards, for example, the amount of the transition payment. The legislator wanted to avoid administrative hassle and stress about signing again. In principle, employers do not have to offer a new contract at all."
AObpolicy lawyer Khattabi: 'In principle, employers do not have to offer a new contract at all'
Unrest
Despite this, Khattabi notices that there is unrest in the schools and the AOb questions are received, because some school administrators do issue a new contract and also include changes in it compared to the old appointment agreement. “I advise people to call in the union to have the contract read,” Khattabi said.
I advise people to call in the union to have the contract read
An example that comes up is that school boards include a 'unilateral amendment clause' in the employment contract. “This means that the employer can unilaterally adjust your employment conditions if there is a compelling interest. For example, you can think of a change in your work schedule or range of tasks. If you see this in it, you have to pay attention," Khattabi warns.
Khattabi also sees personnel regulations in which additional agreements are made about, for example, travel expenses or training. "It therefore states that the employer may change those regulations."
Procrastination
Many employers also give a deadline for signing the contract. Khattabi advises to ask for a postponement and especially not to sign if in doubt. "Educational staff who work in secondary education can use the collective labor agreement. If your employer already chooses to offer a new contract, your director must make use of the model employment contract. This can be found in the collective labor agreement."
