Legal questions about employment contracts

Questioner

I read a lot about people who have a variable 4-hour or 0-hour contract. On your site I have read many questions about employees with a 0 or 4-hour contract who want to stop working earlier, but the employer rejects this on the basis of; Article 7:610b BW If an employment contract has lasted for at least three months, the agreed work in any month is presumed to have a scope equal to the average scope of work per month in the three preceding months. Does this also work the other way around? I have a 'variable part-time contract of an average of 4 hours per week' (literally described as such in the contract) This contract runs until May 2013. Can my employer fire me without any consequences, or do I have the right to work the average number of hours per week that I have done over the past 3 months until May 2013? Thank you in advance for your time and effort,

Lawyer

Your employer can never simply fire you and with a temporary contract this is only possible if the possibility of interim termination is included (and even then this will have to be done via the court or UWVWerkbedrijf or a termination agreement). And with regard to the number of hours, article 610b does indeed apply, unless the employer can demonstrate otherwise (that is why the word 'presumption' is used in the law). If desired, you can contact one of the employment lawyers here directly, without obligation, e.g. via the link 'direct contact' that you see with this answer when you are logged in

Questioner

Dear Mr. Doomernik, Thank you very much for your response. I have been collecting and keeping schedules and information for the past 3/4 months as 'evidence' so that the 'suspicion' becomes a fact and does not become a tug of war. I think I know enough about this and if not I will certainly contact you. Kind regards

Lawyer

You're welcome and good luck.