Work and Security Act in effect
As of 1 January 2015, the Work and Security Act (Wet Werk en Zekerheid, WWZ) became partially effective and as of 1 July it will become entirely effective. The impact of this new legislation is that a number of changes will have to be made to the way the payroll is administered. We will explain the most important changes affecting our flexiworkers’ employment contracts.
Rules governing successive contracts
Until the end of last year, it was possible to conclude a maximum of three (3) employment contracts for a maximum period of three (3) years. After successive contracts (a chain of contracts) had been interrupted for a period of three (3) months, a new chain could be started.
As of 1 July 2015, the period for successive contracts is to be made shorter. You will only be allowed to offer three (3) temporary employment contracts within a two (2) year period. And the length of time required before a new chain can be started is to be extended to six (6) months. This new rule is also to apply to employment contracts which follow an interruption effective before 1 July 2015. If the interruption is for a period of six months or less, account should be taken of the consequences of this new legislation.
The new rules governing dismissal come into force on 1 July 2015. The most important change is that, in any dismissal procedure, transitional compensation is to replace the sub-district court formula (kantonrechtersformule). This compensation is lower than redundancy pay, but employees become entitled to it earlier.
A flexiworker will be entitled to transitional compensation once he/she has been employed for longer than two (2) years, even when, on its own initiative, an employer does not extend a temporary contract.