Janine has been working as a sommelier on a temporary contract since 1 October. A year later, on 1 October, her contract expires. For a long time, she doesn't know where she stands. It is only on 15 September that she hears her contract will not be renewed. According to the CLA hospitality, an employer must inform at least one month before the end of the contract whether it will be renewed.
What did De Horecabond do?
Janine contacted us. She wanted to know if there was anything she could do because her employer had informed her too late that her contract would not be renewed. Since Janine is a member, she could rely on legal advice and support.
One of our lawyers reviewed her situation and the documents she sent. It turned out that the employer had not adhered to the notice period. This means that an employer must inform at least one month before the end of a temporary contract whether it will be renewed.
The employer was 15 days late. As a result, Janine is entitled to compensation on a pro-rata basis (15 days late / 30 days in the month of September x the gross monthly salary).
The lawyer wrote to the employer about this. After two letters, the employer eventually paid the notice compensation to Janine.
Not sure what you're entitled to? Check the CLA hospitality and find out what applies to you.
- Check your employment contract to see if there is a clause regarding the notice obligation! In some cases, this is already included in the employment contract and the employer does not need to give written notice again!
- You are only entitled to a notice compensation if your contract lasts longer than six months.
- Keep an eye on the end date of your temporary contract!
- Check if the employer has informed you in writing that your contract will not be extended.
- If the employer has not given timely notice, contact the legal department immediately. The lawyer only has two months after the end date of your contract to submit a petition to the court. This is a limitation period! If this period has expired, you can no longer claim the notice compensation, so act very quickly.