What kind of contract do I have now?

Questioner

I work somewhere to my complete satisfaction and have a one-year contract. This contract ends on June 14th. Our company has been sold and the staff will be taken over. Permanent staff will receive a permanent contract, temporary staff a temporary contract, which would apply to me. The takeover was already planned for April 1st but has been postponed several times. My contract has never been terminated and now the takeover date is after my end of contact date, July 1st. My question is whether I am now entitled to a permanent contract or whether I have to agree to another one-year contract. Thank you for your answers.

Lawyer

In principle, the takeover of a company does not affect your employment relationship with your employer. Your employer, whether it is the current employer or the acquiring party, must adhere to the agreements in the contract. If your contract expires on 14 June, your employer should have informed you before 14 May whether or not they will extend your contract. If they have not done so, they are liable to pay compensation equal to the salary for the number of days that they are late in giving notice. If there is still an opportunity in the relationship with your employer to extend your temporary contract with a temporary contract, then there is a good chance that this extension will be the one. If your employer does not tell you anything and you go back to work as you have always done on 15 June, then your contract will be extended by operation of law (i.e. automatically) for the same period under the same conditions. If the contract you currently have is the last temporary contract

Lawyer

is what you may obtain and you simply return to work on June 15, then your temporary contract has been converted into a permanent contract. This therefore depends on the number of contracts you have already had and the duration of those contracts. But what you should remember from this answer is that the takeover of the company in principle has no influence on the contract that you have because the acquiring party takes over the staff in the state in which it is. A new contract does not have to be concluded if there is an acquiring party. If you have any questions, you can always contact me via my website (boksjuristen.nl).