Questions about temporary contracts & dismissal

Questioner

I have a temporary contract until 1 May 2015 (to replace a long-term sick colleague), now my employer wants to dismiss me earlier because of cutbacks in healthcare. I am also 18 weeks pregnant. Can they dismiss me earlier than 1 May?

Lawyer

A temporary contract cannot simply be terminated prematurely. Even if an interim termination option is included in the contract, the employer will still need permission from the UWV or the subdistrict court to terminate your contract. I therefore advise you not to (simply) agree to an earlier termination of employment.

Questioner

Many agencies have told me the same thing (the UWV, Belgian union, you guys..) but also because I am pregnant, they are not allowed to fire me earlier. Now I have contacted the person responsible for the HR department several times. Now she says that they are right, because my contract states NO LATER THAN 1 May. They claim that it is possible then. Also, I will not receive any benefits in Belgium before 1 May, because my contract runs until 1 May. I have already said that I will take legal action if they do it that way. What should I do now? It is their word against mine...

Lawyer

Do you work for a Belgian employer or do you live in Belgium and work in the Netherlands? I can only answer your question according to Dutch law because I am not familiar with Belgian law. Even if your contract states that it must be 1 May at the latest, they will only be able to terminate your contract with the permission of the UWV. This would only be different if your contract stated that the employment contract would end by operation of law if the employee in question had recovered and this would indeed be the case. However, the employer wants to dismiss you for economic reasons and therefore permission from the UWV is still required. If they are considering starting a procedure with the UWV, the end date will probably be approximately the same as they also have to observe a notice period of one month, so this procedure will probably be useless. It is best to continue to make yourself available for your work. If they take your work away and stop paying your wages, it is certainly advisable to seek legal advice. I can help you with this if you need it.