Reinstate Chapter 4.18

Dear members,

I resigned from my UN job last April, I had a fixed term contract and worked over 10 years at that Tribunal. There is a rule what says that you can be reinstate within 12 months if you apply for the reinstatement application, as I am not familiar with rules and regulations, is here somebody who can confirm to me that I can be reinstated to my previous job?

Hi and welcome to the Forum.

Your forum information tells me you're a Dutch citizen; as such Dutch law will apply to any employment legal issues.  The fact you resigned and can be re-instated within 12 months does not mean they have to keep your job open for that time and I suspect is more a UN internal process to allow you to resume your duties without induction etc.  There may be a CAO in place that covers your occupation.  If you are not a Dutch citizen and were recruited directly by the UN from overseas, then Dutch employment law will almost certainly not apply to your situation and you will need to go back to them and ask your questions.

In general, if you resigned, then you terminated your contract with your employer, they do not have to take you back unless they want to.

Hope this helps.

Expat Team

Thank you very much for your quick response, my post is still vacant. The HoU must give me good reasons not to be reinstated as I am applying within the 12 months. I might be wrong, but I will look for an legal adviser to help me with this case.

Thank you for your quick reply.

Hi again.

If your contract does not stipulate what those "good reasons" are, then it's open to interpretation, from both you and your former employer.

I wish you the best of luck anyhow.

Expat Team

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