Tijdelijk Contract Niet Verlengd Door Zwangerschap
Your employer cannot fire you if you are pregnant. Your employer is also not allowed to fire you because they think you want to get pregnant. Women are increasingly turning to the agency as it is often the only way to file a complaint if you have a fixed-term contract that is not renewed. An employee of a hotel in Van der Valk had her one-year contract changed to a five-month employment contract after announcing that she was pregnant. That was unacceptable, the House ruled. Your contract shouldn`t stop because you`re pregnant. Do you think your employer is firing you because of your pregnancy? Please contact us. Sometimes you will receive compensation for unpaid wages or sickness benefits. The dismissal then generally continues. An employer does not have to give a reason not to renew this contract, explains Pascal Besselink, senior labour lawyer at DAS.
According to him, there are few companies “that are so stupid” to perform a pregnancy to end a fixed-term contract. We only know how long your maternity leave lasts after birth. If you are pregnant with twins or multiple births, the day you give birth to your youngest child is the actual date of delivery. On that day, your maternity leave ends. And the next day, your maternity leave begins. The due date also determines the length of your maternity leave. Once you have an employment contract, you are well protected as a pregnant woman. You can only be dismissed six weeks after your maternity leave. But there is one exception: your probationary period, which usually lasts one month. So don`t make the mistake of admitting that you`re pregnant on the first day of your job. But even if you are fired during your probationary period, the employer must prove in a possible lawsuit that he did so because of a malfunction.
Besselink also believes that special attention is needed. Because a decision of the College is not binding. It has authority: after all, it leads to negative attention. “But in most cases, you don`t get your job back. They may, at most, bring an action for damages before a court through separate civil proceedings. In practice, this means that the pregnant woman with a contract of indefinite duration is much better protected than those with a fixed-term appointment, explains the labor lawyer. When your fixed-term contract expires, you`re often out of luck. “Most employers are coloring in the lines of the law.” Are you pregnant with twins or multiple births? Then you are entitled to at least 20 weeks of maternity leave. You determine the first day of your maternity leave between 10 and 8 weeks before the day after the due date. This period is called the flexibilization period. After the birth, you are entitled to at least 10 weeks of maternity leave.
Do you decide to continue working during the flexibilization phase? Next, we`ll add the days you continue to work to your maternity leave. Is there a time clause in your contract? Then you can be fired if you can no longer do your job properly due to your pregnancy. For example, you have too much nausea. Or you can`t lift anymore. The company in which you work can then say that there is no more work for you. The employment agency can then terminate your contract. Are you sick during your maternity leave? Then report it to your employer. You have nothing to give us. Your maternity benefit will continue as usual. Your employer applies for a benefit on your behalf. He does this no more than 4 and at least 2 weeks before the start of your maternity leave. Therefore, tell in time that you are pregnant.
You agree with your employer to whom the benefit will be paid. As a general rule, this is a matter for the employer. Sometimes it is more convenient when uwv transfers the benefit directly to you. For example, if your employment relationship ends during your vacation. Discuss this with your employer. It shall indicate this in the application. In the case of a permanent contract, the rules are only getting tougher: in the event of dismissal, there must be a reasonable reason and the employer must justify and prove it. If you`re pregnant and working, you obviously don`t want to be released because of your pregnancy. Fortunately, it is well regulated in the Netherlands that this cannot happen simply. Your employer cannot fire you if you are pregnant. Your employer is also not allowed to fire you because they think you want to get pregnant. In addition, your pregnancy is not a reason not to renew your fixed-term contract.
Would you like to know more about pregnancy, termination of pregnancy and contract renewal? Then read on. If you are sick because of your pregnancy, different rules apply depending on when you get sick. Neither. If the employer terminates the contract during the trial period due to pregnancy, this is not allowed. Only in special cases is dismissal during pregnancy or maternity leave possible. For example, when the company or your department completes the work. Your employer may also fire you if you behave seriously. For example, if you commit fraud or if you are violent. In these cases, it doesn`t matter if you are pregnant or not.
What happened to the installer happens to many women every year with a flexible contract, a fixed-term contract, during the posting or in a fixed-term job. This was highlighted a few months ago by an investigation into the Dutch Institute for Human Rights` Pregnancy Discrimination Hotline. The European Helpline estimates that 65,000 women in the Netherlands face pregnancy-related discrimination every year. It is not for nothing that the Ministry of Social Affairs and Employment launched the Action Plan on Discrimination against Pregnancy in March last year. If you still decide to quit your job, you realize that it`s harder to find a good job if you haven`t worked in a while. A pregnant employee who is employed on the basis of a fixed-term employment contract is not entitled to protection against dismissal if the employer decides not to renew the employment contract. However, the pregnant employee can apply for maternity benefits. This is regulated by the Work and Care Act and the Sickness Benefits Act. This right exists if the pregnant employee is invoiced within ten weeks of the termination of the employment contract. The amount of the benefit provided for in the Sickness Benefits Act for pregnant workers is subject to a maximum daily wage. .