Do my days as a temporary worker count as seniority when calculating my notice period if I am fired with a permanent contract?

You are going to work for a company as a temporary employee. Your commitment and good performance are rewarded, because after an interim period of four months, you get a permanent contract for an indefinite duration. Unfortunately, after a few months your employer decides to terminate the contract. How much time should be taken into account to calculate the notice period?

According to the law, your employer has to calculate the notice period based on the number of months or years you worked for the company. If this includes an interim period, then this should also be taken into account when your employer terminates your contract.

However, this is only under certain conditions. The position you hold during your permanent contract must be the same as the position you held during the interim period. These two contracts must immediately follow each other.

Finally, the seniority for the interim period can only be a maximum of one year. So if you have worked for 18 months on an interim basis, only 12 months are taken into account.

So, how long is my notice period?

That depends on your seniority. Here, you can check how many weeks your notice period will be:

0-3 m2 w
3-6 m4 w
6-9 m6 w
9-12 m7 w
12-15 m8 w
15-18 m9 w
18-21 m10 w
21-24 m11 w
2-3 j12 w

You can also use one of the online calculators to check how long your notice period will be, like this one by Bofidi.

What if I want to end the contract?

The notice period is shorter when you choose to terminate the contract.

  • With under 3 months of seniority this period is only 1 week.
  • Under 6 months gives you a notice period of 2 weeks.
  • Under 1 year your notice period will be 3 weeks.
  • More than 1 year and your notice period is 4 weeks.
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