What are the rules regarding working time for permanent employment?

Questioner

According to the collective labor agreement I have to work for 3 months, but I risk missing out on a new job. The company that approached me to come and work for them cannot wait 3 months. Kind regards,

Lawyer

Then I advise you to talk to your current employer to see if they are prepared to shorten the notice period. Make sure to record everything properly. You could possibly offer to take outstanding vacation days, which would allow you to start earlier with your new employer. Have you checked whether you have signed a non-competition, relationship and/or secondary employment clause that would be infringed?

Questioner

Thanks for the feedback. There are no competition, relationship and/or secondary employment clauses that have been laid down. Suppose my employer continues to insist on 3 months of working out, which means that the chance of a new job is lost due to this long working out period; can I challenge that? Legally speaking, the working out period is 1 month, isn't it? After all, I am being deprived of a chance to improve my career. Yours sincerely,

Lawyer

The starting point is that the employee has a notice period of one month, but that period can be extended under certain conditions. Whether a notice period of 3 months is legally valid in your case should be assessed. If the 3 months is legally valid and your employer holds you to it, then in my opinion there is not much you can do about it. However, the question is whether your employer wants to hold you to 3 months. He will surely realize that he will then at least be stuck (for 3 months) with an unmotivated employee (?). That cannot be in his interest, you would think.