After four temporary employment contracts, project manager Erik is told that his school does not want to continue with him. Such a thing is not possible. With the help of the AOb he still enforces a permanent appointment.
Tekst
Joep Gakes - Juridisch medewerker AOb
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Karen Hagen - Redactie Onderwijsblad
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Minder dan een minuut om te lezen
Picture: Type tank
Erik started working as a project manager at a secondary school on November 1, 2019. The projects he is involved in are largely financed by various subsidies. His first employment contract is for a fixed period, Erik has started with an annual contract. It is then assessed annually whether the employment contract will be extended.
Not extended
Erik performs his work satisfactorily and the employment contract has now been extended three times. In the spring of 2023, he was told that his fourth temporary employment contract, which expires on December 1, 2023, will most likely not be extended. Erik is surprised by this, as the projects he is involved in are still in full swing. Most projects are not expected to be completed until 2026.
After a few conversations with the school, it becomes clear to Erik that his fourth employment contract will not be extended because the school will have to offer an employment contract for an indefinite period in the event of a new extension. The school does not like this. Erik decides to contact the AOb because he suspects this is wrong. He believes that his current temporary employment contract should have been converted earlier into an employment contract for an indefinite period.
Erik decides to contact the AOb because he suspects this is wrong
Equal
After checking the employment contracts, it appears that Erik is right. In the collective labor agreement it has been agreed that the school may offer temporary employment contracts if the employee is solely responsible for work in the context of projects for which additional funds have been made available. In contrast to other types of temporary employment contracts, the total duration of successive employment contracts on a project basis does not exceed four years and is capped at four employment contracts.
Despite the staff shortages, we unfortunately often encounter employers making improper use of temporary employment contracts
Erik started employment on November 1, 2019, his fourth employment contract was due to expire on December 1, 2023. This means that Erik is entitled to an employment contract for an indefinite period from November 1, 2023. From that moment on, the maximum duration of 4 years has expired, which means that the temporary employment contract must be converted into an employment contract for an indefinite period before the end date (1 December 2023).
Continue
With the advice of the AOb in hand, Erik starts talking to the school again. Good news, he can stay and continue his work on the projects.
Despite the staff shortages in education, we unfortunately often encounter employers making improper use of temporary employment contracts. If you suspect that this is also the case with you, it is wise to review your employment contracts AOb to have it checked.
This section is based on practical experience of AOblawyers. AObMembers can contact the association's Information and Advice Center if they have any questions.
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