As a temporary worker, you often work on the basis of temporary contracts, but what if you want to quit your job? Termination of an employment contract works differently for temporary employees than for regular employees. In this article, we explain how the notice period for temporary workers works exactly, what your rights are, and what the rules are for the temp agency.
What is a notice period?
A notice period is the period that you as an employee or employer must observe before an employment contract officially ends. The length of the notice period for temporary workers depends on the stage you are in and the type of temporary contract you have.
Notice period for temporary workers in phase A
In phase A (also called phase 1 and 2 according to the ABU CAO) you often work with a temp clause. This means that as a temporary worker, you can terminate your contract at any time, without having to take into account a notice period. All you have to do is inform your temp agency at least one working day in advance so that they can arrange a replacement in time.
Notice period for temporary workers in phase B and C
When you are in phase B or C, stricter rules apply for the notice period. These rules vary depending on how long you have been employed:
- Less than 3 months in service: notice period of 7 calendar days.
- 3 to 6 months in service: notice period of 14 calendar days.
- More than 6 months in service: notice period of 28 calendar days.
For permanent employment contracts, temporary workers have a standard notice period of one month, unless something else is agreed in your contract.
Notice period for temp agencies
Temp agencies have different rules. When a temp worker is in phase A, the temp agency must observe a notice period of 10 calendar days for dismissal if the temp worker has worked more than 26 weeks. In phase B and C, the temp agency has a notice period of one month, regardless of whether it is a contract for a definite or indefinite period.
What happens if the notice period is not respected?
If the temp agency does not adhere to the notice period, it is required to pay a fine equal to the wages of the temp worker. This has been set out in the CAO rules of the ABU and NBBU.
Conclusion
It is important for temp workers to be well informed about your rights and obligations when terminating your contract. Depending on the phase in which you work, notice periods can differ. Want to know more about your specific situation or get advice on employment law? Please contact the employment law lawyers at Arslan Lawyers for tailored legal advice.
