Converting or changing the employment contract into the probationary period
June 27, 2019
Will you soon be starting with a new employer and will you immediately receive a contract for an indefinite period? Or maybe you just started a new challenge. Whatever your situation, chances are you will start with a probationary period. You often go through such a trial period successfully, but it is also possible that an employer will have doubts about your performance. These doubts do not always mean that the employment relationship must be terminated and that the probationary period must be terminated. But what is actually allowed in the probationary period in terms of changes and conversions? We explain it to you!
Review an offer
During the probationary period, the employer and employee are introduced. During this trial period, cancellation can be given by both parties. Immediately. In some situations it is the case that the employer does not necessarily want to terminate the employment contract, but that he would rather have concluded a contract for a definite period. Or that, on closer inspection, the employer would have liked to enter into the employment contract for a shorter period than the agreed term. Can the employer then convert your employment contract into a fixed-term employment contract or change the working hours of the contract?
A strict judgment
In the past, it has become apparent that judges monitor this closely. Changing the employment contract during the probationary period can be seen as abuse of the probationary period. The probationary period may in no way be longer than permitted by law. If it turns out that the employment contract is being changed or converted in order to extend the probationary period, as it were, this is not permitted. It is therefore very important to realize why the employer wants to change the employment contract and how he motivates this.
Statements about changes in probation period
In a judgment, the judge already considered whether a fixed-term contract could be offered after the contract was terminated for an indefinite period during the probationary period. After the employer terminated the employment contract for an indefinite period during the probationary period, the employee asked for a second chance. A new employment contract was then offered. For some time this time. The judge ruled that the probation clause was not abused here. A factor in this case was that the employer had offered the new employment contract to offer the employee a new opportunity at his request.
What are the possibilities?
Does your employer want to terminate employment during the probationary period, but do you want to continue working for this employer? Then you can ask for a fixed-term agreement. Is your employer also positive about this? Beautiful. But you have to make sure that this new employment contract does not contain a probationary period. Nor should the duration of the agreement be shortened to such an extent that it qualifies as an extension of the probationary period. Is this the situation? Then ring the bell with us. We are ready for you.
Do you have any questions? Then contact us. We can help you with this. We can be reached by telephone on 0345 - 851 963 and you can also email us via firstname.lastname@example.org
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