Am I entitled to notice compensation?

Questioner

On 1/12/2021 I entered into employment with my former employer for 6 months. As the employment contract states: Article 2: Duration This employment contract is entered into for a period of 6 months and will automatically end on June 1, 2022. On the condition that both parties are satisfied with the collaboration, the employment contract will then be extended for an indefinite period. Article 4: Termination The employment contract can be terminated in writing by either party at any time, taking into account the statutory notice period of 1 month. The employment contract can only be terminated at the end of each calendar month. In April I requested a meeting with my manager about a possible further collaboration and to discuss the employment conditions. The response I received was: '[04-04-2022 12:45:53] Peter Kram: We will look into it in April if necessary'. On Saturday 28 May I received a business email from Peter Kram asking if I had time the following week to discuss my position. I only read this email on Monday morning and we had an appointment on Tuesday 31 May. In this conversation Mr Kram indicated that he wanted to change my position from EMVI copywriter to Communications Advisor. The day on which my contract ends by operation of law. He wanted an immediate answer in this conversation to which I indicated that I found this conversation very late and chose not to accept his proposal. I realize that I myself have chosen not to continue the agreement and therefore have no right to unemployment benefits. In my letter of resignation I have pointed out to the organization the notice compensation that I 'claim'. The organization responded by saying that they believe they are not obliged to pay the notice fee, because they have offered me another position. I then stated that this argument does not hold up with the notice fee and that they are obliged to notify me one month before the end of my contract about whether or not there will be an extension or termination and that they have failed to do so, because this conversation did not take place until May 31. May I ask you for advice on how strong I am and how I can best deal with this?

Lawyer

The notice compensation is indeed separate from the question of whether or not you accept a reasonable proposal from the employer. The notice compensation is for discussing the continuation or not of the employment relationship too late. Since that conversation only took place on 31 May 2022 and therefore 31 days too late, the notice compensation must be paid for those days. If this is not paid, this must be claimed in court. In addition, there is of course also the question whether the offered function is a reasonable proposal to stay now that it concerns a different function. And so it is also the question whether there is indeed no right to unemployment benefits and a transition payment. If you would like to discuss this further, please contact us via boksjuristen.nl