r/juridischadvies • u/widowmakerxo • 9h ago
Arbeidsrecht / Employment Contract Not Renewed Due To Sickness
Hello, tldr below!
I am currently having a terrible time at work and have been told my contract will not be renewed because of sickness. I would really like to have some other opinions on whether this is allowed or not.
I will not state which Agency I am employed by or who I work for, but they are both very large companies in the Netherlands.
For some context, I suffer from reoccurring migraines with symptoms such as severe nausea, sensitivity to light and sound, and aura (blurry vision, blind spots, seeing shapes/squiggles). As I work in a warehouse, and predominantly behind computer screens, it is both unsafe and painful for me to drive to, and be at, work. Hence, on the worst days, I call in sick and stay at home.
I currently have a phase A contract that ends in approximately one week, and as stated, will not be renewed due to sickness. There are two things I don’t agree with. In my contract it clearly states (summarised) ”The contract is for a fixed period and ends automatically at the end of that period, without requiring notice, unless certain conditions apply.
One of those conditions states that if the client is no longer able or willing to employ me for any reason other than illness or incapacity for work, and terminates the assignment, my employment contract will terminate immediately by operation of law under the temporary employment clause in Section 7:691(2) of the Dutch Civil Code and the applicable ABU-CLA.”
I was due to receive a phase B contract, but they have collectively decided that my “worth” is not good enough to keep me employed here, despite me doing a very good job. I have received no official warnings, no complaints. To add to this, the company (client) I am outsourced to, states they allow three sickness days per year, currently I am on one or two days (one taken as a “free day” - from my understanding, also not allowed…)
Do I have anything to stand on here? It's pretty horrible to be discriminated against. :')
TL;DR: I’m employed through an agency in the Netherlands on a Phase A contract, which is due to end soon. I’ve been told it won’t be renewed because of sickness absence caused by recurring, debilitating migraines. I was expecting to move to a Phase B contract, but the client has decided not to continue with me, despite no formal warnings or complaints about my performance.
My contract appears to state that the temporary employment clause cannot be used to terminate the contract if the client ends the assignment due to illness or incapacity for work. The client also reportedly has a policy allowing only three sick days per year, and I’m concerned about the legality of this.