Questions about dismissal and notice period?

Questioner

My employment is terminated at the initiative of the employer. I have 14 years of service with the employer on the basis of an employment contract for an indefinite period. Immediately prior to my employment, I had already been employed by the same employer for 3 years through a secondment arrangement. This period has been continuously converted into a permanent employment contract without a probationary period. My interpretation of Article 7:673 paragraph 4b is that my notice period is now 4 months because the secondment period must be added to it, my employer sees this differently and counts as 3 months. What is your opinion on this?

Lawyer

Your interpretation of art. 7:673 section 4 sub b seems correct to me. However, that article does not concern the notice period, but the amount of the transition payment (TV). In calculating this, one should assume 17 years. For the length of the notice period you should look at art. 7:672 BW section 2 -> you will then also arrive at 4 months (longer than 15 years). However, this period can be shortened by collective labor agreement. You should then also check whether that is the case? Formally, the employment agency is not your employer. In fact, you have been working for the same company all this time. I therefore believe that the time spent at the employment agency should be included.