Is my employer obliged to indicate whether my temporary contract will be extended?
to April 30, 2019
Do you have a temporary contract? And is it about to expire? Then the question is whether the employer wants to continue with you after this. In the past, an employer sometimes only indicated in the last week of a temporary contract that he did or did not want to renew the employment contract. This has changed with the introduction of the notification requirement. The notification obligation forces the employer to indicate to the employee in good time whether or not the employment contract will be extended. In this blog we will tell you more about the notification requirement.
What does the notification requirement entail and when does it apply?
The notification obligation applies to a fixed-term employment contract. This means that the employer is obliged to inform the employee at least one month before the end of the contract. The employer must state in writing whether or not the employment contract will be extended. This is different from canceling the employment contract. In principle, a temporary contract will expire automatically without the need for cancellation.
The employer is therefore obliged to indicate whether the employment contract will be extended or not. The notification requirement does not apply in three cases:
- for employment contracts with a duration of less than 6 months.
- if the employment contract ends at a time that is not set on a calendar date, for example when the employment contract is entered into for the duration of a project.
- with an agency work employment contract that includes an agency clause.
How should my employer cancel my contract?
In order to comply with the notification obligation, the employer must inform the employee in writing in time. This is usually done by (registered) letter, but an e-mail or message by WhatsApp can also be sufficient to comply with the notification requirement. The employer must then be able to demonstrate that the message reached the employee on time. When entering into the agreement, it can also be stated in writing in the employment agreement that the agreement will not be renewed. The employer can always decide to extend the contract afterwards.
What happens if the employer does not cancel my contract or cancels it too late?
If the employer does not or not timely inform the employee about the extension of the contract, the employer must pay a notification fee to the employee. If the employer does not comply with the notification requirement, the amount of the compensation corresponds to a basic gross monthly salary of the employee. In case of late notification, the notification fee is calculated pro rata. Therefore, if the employer notifies a week late, he will also owe a week's salary.
Even if the employment contract is continued, while the employer has not complied with the notification obligation, the employee can also claim the notification compensation. The question is of course how often this happens in practice. If the notification obligation is not (timely) fulfilled, this does not mean that the employment contract is automatically renewed.
What happens if the employer is not willing to pay the notification fee?
It is important that you go to court within three months of the day on which your employer should have notified you. In most cases this is within two months after the day on which the employment contract ended. The request must be submitted to the court within this time. This cannot be extended. Do you suspect that the notification requirement has not been properly complied with in your situation? Then contact us!
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 email@example.com