At the moment, there is no CLA in the hospitality sector, and this can affect your employment situation.
In the ‘old’ CLA hospitality, which ran until 1 April 2012, it states that an employer can offer you 6 contracts over 5 years before you are entitled to a permanent contract. This agreement was included in the CLA in 2005 (against the wishes of FNV hospitality). Moreover, this arrangement significantly deviates from the standard regulation in the Netherlands, which states that an employer can give an employee a maximum of 3 contracts over 3 years. This means that your fourth contract must be a permanent one.
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Happy vs. sad
At the moment, there is no CLA in the hospitality sector, which means the legal regulation applies. If your third, fourth, fifth, or sixth contract now ends, the employer must offer you a permanent position upon contract renewal. We hear happy reports from those who have received a permanent contract, but also sad reports from employees facing job loss. After a temporary contract ends, your employer always has the right not to renew your contract. Additionally, a temporary contract does not have a notice period. The contract ends ‘automatically’ when the contract duration has expired.
Tip
Since a temporary contract does not have a notice period, I advise you to check with your employer 2 months in advance whether they plan to renew your contract. They are not obliged to inform you whether your contract will be renewed or not. Therefore, always keep a close eye on the end date of your contract and ask your boss in good time what they plan to do with your contract. Make it an agenda item in your phone if necessary, so you don’t forget. If your contract is not renewed and you haven’t found other work in the meantime, you can apply for a Unemployment Insurance Act (WW) benefit at the UWV in good time.
If you are entitled to a WW benefit, you will always receive at least a basic benefit of 3 months. Depending on your employment history, this may be longer. For the first 2 months, you receive 75% of your last earned (daily) salary, and in the third month, 70% of your (daily) salary.
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