Is it possible that after working via interim for a year, I still do not have a permanent contract?

Finally! A job you like and your manager thinks you're doing very well. You have been working as a temporary employee for the same company for more than a year, but they still does not want to give you a permanent contract. Can they do this just like that? Is it possible to work for the same employer as a temp for the rest of your career?

The answer is no. Temporary workers may only be used by a company for certain motives (= reasons why a temporary worker is needed). There are only four reasons why a company can use you as a temporary worker, and each of those reasons has its own rules.

1. To replace a permanent employee

This can be used to replace an employee whose employment contract has been temporarily suspended (e.g. illness) as well as to replace an employee whose contract has been terminated.

2. A temporary increase in work

Due to circumstances, there is temporarily more work than usual in the company. The permanent employees can no longer cope with the work and therefore need a few extra hands to help out. Here, it is permitted to have a six-month contract, but this can be extended by two more six-month periods. In total, therefore, you can work for eighteen months under this motive. If the user (the company) is part of a union, the duration is arranged in agreement with the union.

3. To perform exceptional work

This is work that is not part of the normal activities of the company. These activities are listed in CLA no. 108: the most common cases are, for example, the preparation of a fair, the drawing up of an inventory, urgent repairs to machinery or unloading trucks.

4. Recruiting staff with the aim of offering a permanent contract

This motive of recruitment aims on the one hand at introducing the employer to your skills and attitude and on the other hand at introducing yourself to the working environment. If the client is satisfied with your performance, he can (but is not obliged to) offer you a permanent contract. With this motive, you can be deployed as a temporary employee for a maximum of six months.

Under which motive do I work?

You have the right to know under which motive you work. That's why the motive is explicitly mentioned on your contract. Good to know: an employer can choose to give you a permanent contract after any temporary contract, even if the motive is not 'recruitment'. If you want to know where your temp mission is headed, talk to your manager or the temp agency.

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