The rule can be interpreted as a flawed provision in cases where the parties have not specified the length of their contract. More generally, it also refers to the widely accepted principle that contracts cannot engage the parties forever and that they can opt out of such contracts at any time, provided they announce a reasonable period of time in advance. But it`s always a good idea to write an indeterminate contract, because it may be very long. If, in the future, the parties have questions or disputes, they may refer to the written contract on the terms of conflict. In the event of a breach of an indeterminate contract, remedial measures are generally financial damages that reimburse the losses incurred by the uninjured party. Standard defences may apply in the event of an indeterminate breach of contracts. One of the additional benefits of applying for a redundancy permit is that if the employer and the worker still decide to continue the employment relationship beyond the worker`s 65th birthday, an employment contract can be entered into for a specified period, which expires in space after the agreed deadline expires. If the employment contract is pursued after the worker reaches the age of 65 without applying for a redundancy permit or the employment contract has been terminated by the competent subdiation court, it must be terminated in all cases either by obtaining a dismissal permit for reasons other than that of the worker who has reached the age of 65. , or by request for dissolution from the competent district court. Under the Equal Opportunity Act, termination of an employment contract with the 65-year-old worker is not considered discrimination, but the result of an objectively age-justified distinction.
However, this does not mean that an indeterminate contract automatically ends when a worker is 65 years of age, even if it is provided for by the employment contract or collective agreement. It is therefore doubtful whether an employer could invoke such a clause, particularly taking into account the 2008 Amsterdam sub-district judgment. An indeterminate contract, or “indeterminate contract,” is a contract that does not set a time limit for the duration of the contract. They generally include agreements involving the regular, cyclical sale or transfer of goods and services. They often simply result from the general business relationship between the supplier and the buyer. Other courts did not follow the decision of the Amsterdam sub-district. Several decisions of the sub-circumscription court, handed down in the same year, resulted in the opposite conclusion, that an indeterminate employment contract may end under a pension-related redundancy clause in an employment contract or a national collective agreement. Legal commentators reacted differently to the Amsterdam court ruling. However, it cannot be ruled out that other courts will follow it in the future.
If there is an agreement, whether in an individual contract or in a collective agreement, that the employment contract automatically ends when the worker is 65 years old and the worker is in favour of it, there is no problem.