Sickness Benefits Act and non-renewal of contract


Questioner

I had a work accident. Which is why I am on sick leave. My contract is expiring. They don't want to extend it, is that allowed? Had 2 extensions so now they have to decide whether to give me a permanent job or not.

Lawyer

Unless a permanent contract has automatically been created, the employer may decide whether a temporary contract will be extended. This is only different in exceptional cases, for example if there is a sufficiently firm (legally enforceable) commitment that the contract would be extended. But such a situation is not often the case and will often also be difficult to prove. However, the decision to extend must be communicated to the employee at least one month before expiry. Otherwise, the employer will owe a fine that must be claimed via the court within a certain (short) period, because otherwise the right to it will lapse. After the expiry of your temporary contract, you will probably be eligible for a ZW benefit. Furthermore, you can in principle hold your employer liable for the damage due to the industrial accident. In that case, there is - simply put - increased liability on the part of the employer.

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