Utrecht University was allowed to terminate temporary contract
Utrecht University was allowed to terminate the temporary contract of Social Sciences teacher Marijn Scholte. The Subdistrict Court does not find that the university acted 'seriously culpable'.
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This is apparent from a decision of the Central Netherlands Court that was delivered this afternoon published. Scholte, who has been employed by the university for a total of four years, reacts with disappointment and shock: “I hoped that my sense of injustice would be confirmed by the judge. After the session I was mostly positive.”
Scholte finds it hard for other teachers who are in the same boat as him and who are also employed on a temporary basis. “I felt a responsibility for that. This was sort of a trial process. I am afraid that universities will use this ruling to bury their heels in the sand.”
I hoped that my sense of injustice would be confirmed by the judge
Krom
Last July Scholte strained a case against Utrecht University. He worked there at the Faculty of Social Sciences and was told that his temporary employment would end from 1 March 2022. He had already been working at the university for four years and believes that this was a structural job. “That should be rewarded with a permanent contract,” he says. “I am required to provide academic education to about eighty students, but it is not enough for a permanent contract. That's a crooked argument. Moreover, my work has been taken over by two others.”
I am needed to provide academic education to about eighty students, but it is not enough for a permanent contract
Procedural
The judge looked in the assessment mainly to the procedural side of the story and states that Scholte was aware of the temporary nature of his appointment. He was first given a contract for a period of one year: from March 1, 2018 to March 1, 2019. The university announced on October 16, 2018 that his contract would be extended by three years until March 1, 2022. If the lecturer had did not agree, so had to file a complaint as early as 2018.
The judge finds that the university has not 'acted seriously culpably'. It was never made secret that it was a temporary contract and they informed the teacher in time that his contract was expiring. 'It has not been stated and has not been proven that the university has made promises in the meantime or has created the expectation that the employment would be continued after 1 March 2022. From the start of the extension of his fixed-term employment contract, the lecturer was aware that his contract would end on 1 March 2022,' according to the subdistrict court judge. Because Scholte did not object earlier, his temporary contract was given 'formal legal force', as is legally said. It means that it went according to the legal regulations.
Judge: 'It has not been stated and has not been proven that the university has made any promises or has raised the expectation that the employment would be continued'
Structural work
“Sorry”, replies AObdirector Douwe van der Zweep. He reports that the union still believes that structural work should be done with permanent jobs. "We are concerned with this principle, unfortunately the judge does not say anything about this."
Earlier on said AObsector director Donald Pechler already did this. He denounced the permanent demand for temporary staff. 'Universities remove teaching tasks from university lecturers and then hire temporary lecturers for teaching purposes only. Those teachers are apparently good enough to provide that academic education for four years.'
contemplate
Scholte, together with his lawyer, is examining whether he will appeal. "I'm going to think about whether that will lead to anything," he says. He is also considering whether he will continue to work in university education. “I don't want another temporary contract and uncertainty. I try to meet my unemployment benefits, but applying for a job is difficult, because employers see you coming now that you have filed a lawsuit.”
Next Monday, the AOb the 'True opening of the academic year' in The Hague from 11.00 am. Marijn Scholte will be interviewed there about this lawsuit. You can still register!
