Legal Advice on Termination of Contract | Legal Aid

Questioner

Temporary appointment will not be extended as of 27-08-2017. According to the contract, the employer has a notice period of 2 months and the employee 1 month. This is stated in the contract. On 10-07-2017 my employer announced that the contract would not be extended. Is there anything to be done about this because the termination did not go according to contract. To date still no written confirmation received.

Lawyer

This question cannot simply be answered based on the information you have provided. A fixed-term agreement usually ends by operation of law and the notice period is only intended for interim termination. This may also be different, and it therefore depends on the wording of the agreement whether or not it ends on 27 August. Apart from the termination, there is also the notification. In any case, one month before the end of the agreement, it must be made known whether or not it will be continued. This may also be done verbally, but then evidentiary problems may arise later. If you send me the employment contract, I would like to review it for you.

Lawyer

Based on article 7:668 paragraph 1 Civil Code, the employer must give written notice at least 1 month in advance. An oral notice is therefore not permitted! If you have any further questions, I advise you to contact a lawyer specializing in employment law.

Lawyer

With regard to the written notice of termination, Mr Van Deuzen is right. The employee whose employment contract has been terminated prematurely can enforce continued payment of wages until the regular termination date. If you have been employed by your employer for more than 24 months, you can apply for the transition payment. It is not the case that you can hold the employer to continue the contract.