If you, as an employee, have a temporary contract that lasts longer than six months, the employer must inform you no later than one month before the end of the contract whether your employment contract will be extended or not. This is called the notification obligation. If the employer does not comply with this, you are entitled to a indemnity.
What is the notification obligation?
The notification obligation means that the employer:
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must indicate in writing whether your contract will be extended or terminated;
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must do this at least one month before the end date of the contract;
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must be clear about the conditions for extension (for example, number of hours or salary).
Is this forgotten or done too late? Then you are entitled to a notice fee.
Can the notice be included in the contract in advance?
Yes, it is possible that notice is already arranged when signing the employment contract. The employer may include in the employment contract that the contract will not be extended after expiry. This counts as a valid notice, as long as it is included clearly and unambiguously.
Please note: it is important that the employee is not disadvantaged by this and that the notification is given well in advance (i.e. upon signing). Oral agreements are usually not sufficient unless they are so timely and complete that your position as an employee does not suffer. But: writing in advance always offers the most certainty.
How much is the initiation fee?
The amount of the notice compensation is equal to the salary for the period in which the employer is late with the notice.
👉 Examples:
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If the employer is 10 days late, you will receive the wages for those 10 days.
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Has no notice been given at all? You will then receive compensation equal to one month's salary (the maximum).
How do you claim the notice fee?
It is important to act quickly:
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Ask the employer in writing to pay the notice fee.
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Is the employer not paying voluntarily? Then you can submit a request to the subdistrict court judge.
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This request must be made within two months after the end of your employment contract.
Please note: after this period your right expires definitively.
When does the application period start?
The period to claim the notice fee starts at the time that your employer should have given notice at the latest—that is, one month before the end of your temporary contract. You then have up to two months after the end of the employment contract to claim the compensation. So don't wait too long: after this period your right to the notice fee automatically expires.
Common mistakes made by employees
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Taking action too late, as a result of which the right to compensation lapses.
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Do not keep written proof of the late or missing notification.
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Thinking that the compensation will be paid automatically, while action is often required first.
When does no notice fee apply?
There are exceptions in which the employer does not owe a notice fee:
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For contracts that last less than six months.
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For temporary employment contracts with an temporary employment clause.
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When the employee himself terminates the contract.
In addition, it is important to know that the notification must always be made in writing. In principle, verbal notification is not permitted. If the employer only does this verbally, he must still pay a notice fee. An exception may only apply if the oral notification is given in such a timely manner that the employee's interests are not harmed. But this is rare in practice—so always ask for written proof!
Help from an employment lawyer
Are you unsure whether you are entitled to a notice fee or do you want someone to check the calculation? Our employment law lawyers are happy to help you with:
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assessing your employment contract;
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calculating the correct compensation;
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drawing up a written request to the employer;
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filing proceedings in court if necessary.
Conclusion
The notice fee is intended as protection for employees with a temporary contract. Has your employer not complied with the notification obligation (in a timely manner)? Don't wait too long and contact us immediately. This way you prevent your right from expiring after two months.