Top legal adviser: 13 years as a ‘temporary’ worker is abuse
Temporary workers should not be employed permanently by the same company under the temporary work structure, as this practice can lead to abuse, a legal adviser to the Hoge Raad (Supreme Court) stated in a recommendation on Friday, AD reported.
The case was brought before the Hoge Raad after a temporary worker, employed as a production worker for nearly 13 consecutive years by the same company until 2022, sought a permanent contract. The worker had repeatedly requested a fixed position, but the company refused, citing the need for flexible employees. The temporary employment ended when the department closed.
The legal adviser’s stance deviates from previous rulings by both a lower court and an appeals court, which had ruled in favor of the company. However, the adviser argued that the company’s long-term use of the worker as a temporary employee was not justified. The temporary worker appealed to the Hoge Raad after the appeals court’s decision.
The adviser recommended that the Hoge Raad overturn the appeals court ruling and assign the case to another court for further review. The opinion highlights European Union regulations stating that if a temporary worker remains employed at a company beyond what can reasonably be considered temporary, it may indicate an abuse of the system.
While Dutch law does not specify a maximum period for temporary work, EU guidelines suggest that extended employment under temporary status should transition into permanent employment. According to the adviser, nearly 13 years in the same position can no longer be considered temporary.
FNV attorney Renée Sauer, representing the temporary worker, welcomed the recommendation as “an important step” toward justice for temporary employees. “Everyone understands that 13 years of temporary work at the same company is not truly temporary,” she told AD. If the Hoge Raad follows the adviser’s recommendation, Sauer believes it could have significant implications for many workers in similar situations.
