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I'm from the Netherlands. If an employer wants to fire you, he has to follow certain rules. If you have a temporary contract, he can just let you go after that
by arviewer 10y ago
I'm from the Netherlands. If an employer wants to fire you, he has to follow certain rules. If you have a temporary contract, he can just let you go after that period, so that's a popular method - just hire people temporary. However, you're only allowed to do this three times for a maximum of three years. After that, the contract is fixed without end date. You could fire someone for one month, then take him back, but that will not be allowed. If you do this as employee, then you get fired the fourth time, you can object this in court and the judge will award you with a fixed contract. If you want to do this, you have to fire someone for at least half a year, and that makes it less attractive to do.
Another option is to hire someone who is self employed. It is a popular method since the crisis. Fire an employee, then hire him back. However, if the employee only has one client, you can go to court and prove that in fact nothing has changed, and the judge can reinstate your old contract. I don't know if this happens a lot, but it has happened.
When you have a fixed contract (no end date) and work somewhere for five years, the law says the employer can fire you but has to pay you five months salary. Because of common law practice, this will normally be doubled. He has to prove that he has good reason to fire you. This is in general too little work, or malpractise, or distrust or something that disturbed the work relationship. If this can't be proved, the only option is negotiation about extra money to leave. If they can't agree on this, they can ask a judge. That will cost money as well, so most of the time that path is avoided.
Only in the case of theft or when you're drunk at work, say bad things about your boss or company, can they fire you right there and then without pay. Still they have to prove that.
When unemployed, you can get unemployment benefits, normally 70% of your last salary (average over last 6 months), but you have to search for new jobs and prove that. This will last maximum 24 months, after which you go into welfare, which is super, but little money and you have to sell your house etc.
- jagermo 10y agoSame in Germany, the temporary contract is something to be used to hire people when there is too much work. It makes sense to close that "Just renew it" loophole.