Legal Advice on Contract Extension

Questioner

Good morning, I hope you can help me. In short: a move is planned but the date is not yet known. Situation at work, 1st time contract of 7 months which was then extended by a year and now last June had an interview (see mail) and again had a temporary contract until November. To my regret I signed the temporary contract that same day without thinking about it. It took me by surprise. The email following the conversation: * Contract Your fixed-term contract has been extended for a fixed period. This was the last time we were allowed to extend your fixed-term contract. After this, either the contract will not be continued or you will be given a permanent contract. We have spoken extensively and openly with each other. We find your spontaneity and enthusiasm great. On the other hand, we also see that there are elements that may not make this job future-proof for you. By this I specifically mean working hours. Reception must be manned from 8:30 to 17:00. Unlike the other staff who get an hour of break time added to their 8-hour workday, you only get half an hour added. This advantage then outweighs the fact that you are expected to answer the phone or speak to visitors even when you are taking a break. In the past, you have asked if you could also do some shopping during the break. That becomes very difficult. Someone else has to take over the reception. In sporadic situations this is certainly possible, but not structurally. Reception hours cannot be changed. You currently live close to work. For us, that was a very positive side effect when we hired you. If you move further away, that is less favorable for the company. The many traffic jams at this time in combination with fixed working hours is a challenge. Working part-time. Part-time work in the future is a possibility. I am thinking of whole days, but fewer days. Half days is not feasible to find someone who will take the other half on sight. If you would like this we need to see if we can find someone else for 1 or 2 days. Flexibility is required regarding the number of days someone else is available. At this moment we do not know if we can find someone for 1 day or if 2 days is better to get someone for the function. If you are going to live together in the Arnhem region, a job in that region might not be a bad idea. We don't want to lose you, but we have to be realistic. Such a commuting distance is no fun and often not sustainable in the long term. We agreed that we would both think about it carefully in the coming months. I will schedule an appointment in mid-August to discuss everything. * Now my question is whether a solid reason must be given not to extend my contract? Because to my knowledge it is simply discrimination and my openness is being abused. All kinds of conclusions are being drawn based on facts that do not yet exist. And if they terminate my contract, are they obliged to give me sufficient space and time to find another job? I would love to hear from you. Yours sincerely,

Lawyer

There is currently no legal rule that requires employers to give a reason if a fixed-term employment contract is not extended. However, the statutory notification obligation applies, which means that your employer must inform you in writing at least one month in advance whether or not they will continue your employment contract (and under what conditions). From a strictly legal perspective, it would not have been necessary for your employer to communicate with you so extensively about doubts about whether or not to extend your employment contract in due course. It is useful for you that your employer does so well in advance in your case. Perhaps you see this as an opportunity to show in the coming period that the doubts expressed by your employer can be removed?