I am employed with a company from 9months on a KM permit.
My contract is for 5yrs.
My company wants to end the contract.
I read that they have to get a permit from UWV to end the contract.
Also read about the Kantonrechtersformula for redundancy packages but its not very clear to me.
Can anyone tell me what approx amount I could expect?
I am 32yrs old and monthly gross salary is 4250 euros.
Yes I will go to a Arbeid Advocate. I wanted to know if my length of contract helps me in any way to get a better redundancy package? As If I am terminated just after 9months in a contract which is valid for 5yrs , shouldnt I get a better severance? but this doesnot reflect anywhere in that formula. Would be nice if anyone had some information about it or faced similar scenario and was paid a lump sum. Thanks
So you are saying you have a Work Contract that is for 5 years?
I think that is very unusal. Most Work Contracts are only 6 months or 1 year as they are temporary Work Contracts. After you receive 1 or 2 of these temporary Work Contracts - the company offers you either a permanent Work Contract or they do not offer you another contract ... at all.
I mean - they cannot keep giving you 1 year cintracts .. forever. No security. So, yes, if you have a 1 year work contract and they fire you after 9 months ... they have to pay you out for those last 3 months in a lump sum.
However, I have never heard of someone Dutch or KM worker that had a 5 year Work Contract.
Are you sure you aren't talking about a 5 year ... KM permit? That would be a different thing altogether.
Ask your HR what kind kind of Work Contract you have. It is either a temporary Work Contract or it's a permanent Work Contract. That's all there is. (to my knowledge anyway.)
Well, it 'sounds' like that is the case.
I have been working here 12 years and I have never heard of anyone with a 5 year Work Contract.
However, your company is not ... stupid.
They give out 1 year contracts because they know that in the worse case scenario .. they would have to pay you something short of a year's salary if they find you aren't working out early on.
But a 5 year Work contract that you have only worked 9 month out of .. would mean they would have to pay you 4 years and 3 months salary. Umm I really don't think they would fire you .. knowing they have to pay you all that money.
Again, they are not stupid so surely they checked your Work Contract and got their 'ducks in a row' before they initiated this action against you. Believe me .. they know more about the law than you do.
I would see a Labor Lawyer anyway and show him your Work Contract (but don't get your hopes up) because something tells me .. something is not quite right here. There might be a clause in your contract that gives them an ... out in cases like this.
I think you are mixing things up, your residency permit might be for 5 years or valid till 2016. That doesn't mean your work contract is for 5 years. If you get permanent job contract you won't get permanent residency permit both are different things. Anyway, your case is simple if I understand you correctly they offered you permanent contract (not sure check the agreement with your company) and after 9 months they decided to end it. So, yes a permanent contract cannot be easily annulled, there is some laws to it..contact lawyer and don't sign anything. You have 3 months after that to find a new KM job as pointed out already. Even if your RP is valid till 2016.