Working in the Netherlands - Amendments of Employment Contracts

Amendments to contracts must be recorded in the same way as the initial contract. The Working Hours (Adjustment) Act (WAA) gives employees the right to adjust their working time. In theory, it is therefore always possible to work longer or shorter hours. This allows men and women to improve their work/life balance and also promotes economic independence for women.

The law applies to public servants and employees who work for organisations with more than ten staff. In addition, an employee must be in service for at least one year before their working time can be adjusted. An employer can reject a request to work longer or shorter hours if it would jeopardise important interests of the business or service.

In order to avoid a situation in which employees are faced with disadvantages or uncertainties on account of their working time, a bill was adopted in 1996. This legislation prohibits any distinction between employees according to their working time in the conditions on which an employment contract is entered into, continued and ended.

As regards the duration of an employment contract, a distinction is made between permanent and temporary contracts.

Permanent Contracts

A permanent contract is one where the duration of the contract was not agreed upon conclusion of the contract. This contract continues as long as neither party has terminated it. Termination is subject to certain rules, such as the observance of a period of notice.

Temporary Contracts

In the case of a temporary contract, the final date is fixed or the end of the contract can be decided on objectively. For example, a contract for five months or for the duration of a specific (accurately defined) project. These contracts expire automatically at the end of the agreed term. The employer and employee need not observe a period of notice. Such contracts may be terminated early only if this has been agreed in writing in advance. In this case, however, a period of notice applies.

It is possible to renew temporary contracts. However, a permanent contract arises if:

• more than three temporary contracts were concluded successively. The fourth contract automatically becomes a permanent contract;
• the total duration of the successive employment contract is longer than three years. Once the period of three years is exceeded, the renewed contract automatically becomes a permanent contract.

Interruptions of three months or less are taken into account in the calculation of the three-year period. The chain is only broken if the interruption lasts longer than three months. In that case, the counting of the contracts and the period of three years starts anew.

Temporary Contracts for More than Three Years

There is no maximum duration for a temporary contract, which can therefore exceed three years. If a contract has lasted three years or more, it may be renewed once for a maximum of three months.

Source: European Union
© European Communities, 1995-2006
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