Itās a point of argument in my lawsuit because, yes, fixed-term contracts are appropriate to workers with only an ARC, but as you point out, and the LSA states, if you renew a contract then you are deemed to have continued employment and your contractual status should be regarfed as non-fixed; this is crucial because it impacts on benefits that accrue on account of how many years you have worked in a job (annual holiday pay, for example). The contract I signed tried to nullify this by stating that at the end of each year I was being terminated and rehired.
The judge asked my ex-boss how long I had worked at her school and despite my being there 7 years, she tried to argue I had only worked there 9 months because that was when I had last renewed my contract!
I am asking in relation to accrued benefits. A non fixed terms would mean if an employee signed twice that would mean in the second year the holiday allowance and sickness benefit is increased, whereas in fixed term it starts again from year 1 each time you sign the conract. In simple terms is that correct ?
For the inability of foreigners to be recognized as permanent workers or employees without APRCās, Iām relying on Supreme Court precedent (which is not binding, but I predict theyāre going to stick with this rule unless/until the LY changes it).
Feel free to post a link or send me a PM.
You keep your existing seniority (幓č³), which means it keeps increasing, when you renew your contract with the same employer (assuming the gap between the end of the old contract and the start of the new contract doesnāt exceed 90 days ā see LSA Art. 9). This is also true if your new contract is with another branch of the same company or if the company technically gets replaced with another company but de facto stays the same (also SC precedent ā let me know if you want a citation). I think this also answers @crusherās question.
Thatās correct, which means (1) they canāt just wait for the contract to end like they could if it were fixed term, and (2) under the LSA they need a reason to terminate (Art. 11, 12, or 13).