NETHERLANDS ANTILLES LABOR LAW (II)
Employment agreements for a definite period
It is not unusual to conclude an employment agreement for a definite period in order to avoid the difficulties relating to the termination of an employment agreement for an indefinite period. The agreement for a definite period terminates automatically on the expiration of the agreed period, unless agreed otherwise.
If the employment continues after expiration of the definite period, the agreement is extended by operation of law under the same terms and conditions and for the same period of time as the original agreement, with a maximum of one year per extension. Once the employment agreement for a definite term has been extended the employment agreement terminates by operation of law without any notice being required if:
1. The number of employment agreements is not more than three (for example an employment agreement for a definite term and two extensions for a definite have succeeded each other with periods of not more than three months), or
2. The total duration of the “chain” of the employment agreements for a definite period (which have succeeded each other with periods of not more than three months) is three years or less.
Is the number of employment agreements for a definite period more than three or is the duration of the “chain” of employment agreements more than three years the last employment agreement between the parties is considered to be an employment agreement for an indefinite period.
Karel Frielink
Attorney (Lawyer) / Partner
