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16 days before my contract ends they changed all the basis. - plus no holidays??

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  • 16 days before my contract ends they changed all the basis. - plus no holidays??

    Hello!

    I am working in a private academy with an "Intership" contract that lasted for 7 months. (I have been 21 months working for them, but renewing the intership contract every 6/7 months)
    This 31st of July my contract as an intern ends.
    In theory, within the first chat that I had with my boss (2 months ago) we concluded to renew till December this year, but this time with a "normal" temporary contract.

    My boss is telling me now that, as my new contract couldn't be done as an intership, but should be a normal temporary contract, and he's not qualified for creating that; lawyers are needed and is too expensive to create that kind of contract only for 5 months. So he wont do so.

    Also, my holidays are out of my contract. I have 28 days per year, and I had to ask for 16 of them FROM the 25th of July till 1st of September - out of my contract - as in theory we would renew with another contract. - And the rest of the days? Dissapered?

    Now, he's telling me that I could stay, as freelance, but he's not giving me the option to live anywhere I want and work for them, but I have to live where he wants (close to the academy), and I have to pay for my room with a price that he's choosing (as he is the one that is renting me the room).

    All of this, 16 days before my contract ends.

    I am very worried now, as he didn't give me much notice - which I dont know until where Im protected by the law.
    Also, Im wondering if he really should be either giving me, or paying me those days of holidays out of contract.
    And, being a freelance, I should be able to live absolutley where I want - right?

    Well, thanks in advanced to anyone that responds, any help will be very welcome.

    Tags: None

  • #2
    Sorry I need to ask you some questions first.

    The 21 months that you have been working does that take you up to the end of the current contract?
    Can you give me the date you first started working at the academy?
    Has each contract been renewed without any break in service?
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    • #3
      Originally posted by ULA View Post
      Sorry I need to ask you some questions first.

      The 21 months that you have been working does that take you up to the end of the current contract?
      Can you give me the date you first started working at the academy?
      Has each contract been renewed without any break in service?


      The 21 months are in total.
      I started working in september 2019
      Yes, I've been working non stop, so when one contract would finish, another one was done, with the same caracteristics (plus a little amount of money in every contract), and that lasted for another 6/7 months.

      Thanks again for your help and this forum ! !

      Comment


      • #4
        Although you have had a series of fixed term contracts for which there is no break between, you do not yet have 2 years service.

        They can also offer you a new contract on different terms.

        Not sure I understand the holiday situation correctly, however you will accrue holiday on a pro-rata of 28 days for the period of the contract. Any holiday you have not been able to take should be paid as part of your final salary for that contract, particularly if it is not being renewed.

        If you are being offered the role as freelance then this is a type of self-employment. There are strict guidelines around what determines a job actually being self-employed and my concern from what you have said is that what is being offered is potentially not strictly a "freelance" position.

        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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