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On April 23, 2024, the Subdistrict Court of Limburg issued a remarkable ruling (ECLI:NL:RBLIM:2024:2000) that offers particularly relevant insights for employers and employees about the Flexible Working Act (WFW). The case highlights how crucial it is to act in a timely and correct manner when requests to adjust terms and conditions of employment are made. Especially recitals 4.8 and 4.9 of this ruling show how both parties must protect their rights.
What was the case?
An employee had asked her employer to change her fixed-term contract to an open-ended contract. The employer did not respond within the prescribed period of one month, as required by Article 2b WFW. That provision states that employees may request a form of employment with more predictable and secure terms and conditions of employment and that employers (with 10 or more employees) must respond to such a request in writing within one month with reasons. Failure to respond in a timely manner automatically granted the employee’s request.
Judgment of the Subdistrict Court
The Subdistrict Court ruled that the employer had not correctly complied with the law, as a result of which the employee was deemed to have an open-ended contract as of July 20, 2023. However, because the employee had not objected to a later terminated employment contract with the Subdistrict Court within two months, she could not legally reinstate the wrongfully terminated contract. Nevertheless, this case was crucial to the interpretation of the WFW, highlighting the need for employers to be proactive and timely in responding to avoid unintended consequences.
What employers need to know
- If an employer does not respond to a request under the WFW within one month, the employee’s request is automatically granted. This can lead to contract changes that may not be in the employer’s best interest.
- Action Item: Ensure that requests under the WFW are always processed in a timely and reasoned manner. Establish a clear internal process for this and engage legal expertise if in doubt.
What employees need to know
- Employees also bear responsibility. In this case, the employee failed to file a timely objection to the termination of her employment contract with the Subdistrict Court, thereby forfeiting her right. Even if you are right, you should actively defend your rights.
- Action Item: Take prompt legal action if you become aware that your rights may be being violated, such as by consulting an employment law attorney.
Importance of timely action
This case illustrates the importance of acting carefully and promptly in employment disputes. For employers, inaction is often costly: inaction can result in unwanted obligations. For employees, inaction can result in loss of rights, even if they are formally within their rights.
In need of legal support?
Do you have questions about your rights and obligations as an employer or employee? Would you like advice on employment law, employment contracts or employment disputes? Do not hesitate to contact Maria Ok. As an employment law attorney in Amsterdam, I am happy to help you take the right steps to protect your position.
