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That five official warnings do not automatically justify a lawful dismissal was once again confirmed in a recent ruling by the Gelderland Subdistrict Court.
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4 November 2024
Request under the Flexible Working Act
Under the Flexible Working Act, employees can request adjustments to their employment conditions. This can include changes to working hours, workplace, or schedule. To make such a request, the employee must have been employed for at least 26 weeks.
Flexible Working Act
This law not only grants employees the right to request changes to their employment contract, but also provides rules on how an employer should handle such requests. Employers with ten or more employees are obligated to respond in writing and with justification to the employee’s request within one month. Failure to respond within this timeframe will result in automatic approval of the employee’s request.
Recently, the Flexible Working Act has been expanded. An article has been added to the law allowing an employee to request “a form of work with more predictable and certain employment conditions.”
In practice
A recent ruling by the Roermond District Court indicates that this amendment also encompasses an employee’s desire to convert their fixed-term contract into a permanent one.
A sales assistant recently requested her employer in writing to convert her temporary contract into a permanent one. 2.5 weeks later, her employer informed her that the fixed-term contract would not be extended, and it would expire automatically a month later. The employee then took her case to court, seeking to convert her contract to a permanent one.
The court made it clear: the employer did not respond promptly and with justification to the employee’s request, as required by the Flexible Working Act. The employer had informed the employee that her contract would end, which fell within a month of the request. However, the response did not provide a justified rejection of her request. As a result, the employer’s communication did not meet the requirements—it was not a justified response to the employee’s request for a permanent contract. Outcome: the employee’s request was automatically approved.
What does this mean for you?
Employers must respond promptly (within one month of the request) and with justification to requests from employees covered by the Flexible Working Act.
Failure to respond within the specified timeframe will automatically result in approval of the request to adjust employment conditions. Therefore, carefully consider whether an employee’s request falls under the Flexible Working Act.
More information
If you have questions or need assistance with requests under the Flexible Working Act. Please don’t hesitate to contact us.
