Legal advice: When does a temporary extension become definitive?
For the second consecutive period, an MBO teacher will receive a temporary extension of her hours. She would like to work these temporary hours permanently, but her employer does not want this. Is she still entitled to it?
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MBO is the only education sector where employees are entitled to fixed hours under certain conditions after a temporary extension of their working hours. “This does not apply to primary education, secondary education and higher professional education. There, an employer can in principle give unlimited temporary expansions without entitlement to fixed hours, ”explains Wim Gulitz of the Information and Advice Center.
The exception is because the collective labor agreement for mbo is the only education sector that follows the legislation from the civil code. There are two ways of converting temporary hours into fixed hours: either after more than three temporary contracts or after a number of temporary contracts within a period of two years. In both cases, there may be a maximum of six months between successive contracts.
Exceptions
A few exceptions to these rules also apply in MBO. They do not apply to temporary contracts of student teachers, nor to employees who continue to work after the state pension age.
What does this mean for the MBO teacher? Unfortunately, she is not eligible to extend her fixed hours. “It is a second temporary extension of her hours and the duration of this does not exceed two years. Her employer is therefore not obliged to extend her fixed hours, ”says Gulitz.
