Search Q&A
termination of an open end employment contract
Dear all,
I have a job that I want to quit. I started working July 2012 and there was a time limited contract until June 2017 (so I have been working on a temporary contract for 4 years and 11months). Now I will sign a new an open-ended contract starting from July 2017. My salary is around 45K EUR. In the same time, I have received a new offer to change the company starting from Dec 2017. I would like to resign the new open-end contract which starts in July 2017. What would be the notice period for which I will need to inform the employer before I quite?
During this time the notice period was agreed to be 1 week from both sides. Now I am trying to use this clause and resign, but my employer is stating that the new law that entered in force 1.1.2014 actually requires 9 weeks of notice from my part (6 weeks for seniority and 3 weeks for overlap period). Is this true? I need to get rid of this job quickly or I'll loose the job offer I got (from another country). Is this new law applicable even if I have not signed a new contract?
So - let's get this clear;
1) you've been working on a series of illegal short term contracts for the past 5 years. Your current contract will expire at the end of this month.
2) You now want to leave at the end of your contract. (at the end of June?)
3) You haven't yet signed a new contract, but your employer is trying to force you to give 9 weeks notice?
I'd agree with J above, you have no obligation to give any notice at all, your contract ends at the end of the month, just don't renew it and leave.
Anon, I would like to bridge the period between July-Nov thats why I would prefer to sign the contract.
Yes, also the total length of successive fixed term contacts is limited to 2/3 years (depending on number of contracts and length of each individual contract). I don't know what would be the ruling in your case and I don't think you'll get an answer without taking it into court. You could consult a labor union to ask, they might have knowledge of earlier court rulings in similar cases. It could be beneficial to have some further info in case your employer will turn out difficult once you hand your notice. Personally I would just give my notice well in time to avoid getting in what would likely turn into long and expensive battle.
Hamopipa, if you haven't signed the contract, then just tell them to add a notice period clause into the contract specifying what the notice period is. Then you will sign. You have the upper hand here - just tell them to add it in.
In any case, with what you've told us already it almost doesn't matter. In any legal situation your employer is going to lose as they have employed you illegally. So in your case, I would just sign the new contract, and then leave whenever I want to leave, preferably a day or two after you've been paid.
Pages