Information about annual contracts | Free advice

Questioner

I have been working for the company '' since 1 September 2010 via a one-year contract. This means that I am now approaching the end of my second one-year contract. My employer now indicates that he cannot offer me a permanent contract. But as far as I know I am allowed to have an annual contract for the last year (3 times in total). Is this correct? And I worked via the employment agency from March to the end of August 2010, but do those intervening months via the employment agency also count as a contract? Would you be so kind as to send me information about this so that I can go to my employer with it. Because they do still give annual contracts. Thanks in advance.

Lawyer

During the first 26 weeks of a temporary employment contract, an unlimited number of fixed-term contracts can be concluded. Only after 26 weeks does the normal rule apply that a fourth fixed-term contract or multiple contracts that together last longer than 36 months will result in an employment contract for an indefinite period. Contracts from the first six months do not count. In this case, this means that your first contract via the employment agency does not count towards the approach of the 36-month term or the 4th contract. The employer can therefore give you a new annual contract without far-reaching consequences and next year consider whether to offer you a permanent contract.