Employment lawyer Netherlands
Employment law includes the relationship between employer and employee in The Netherlands. The legislation lays down different rules between employees and employers. In addition, agreements have also been made between the employee and employer. These are agreed in the employment contract. For example, the maximum length of the probationary period, the number of vacation days, your wages and any other agreements such as the use of the lease car, etc.
A large part of the legislation concerning work & dismissal is mandatory law. This means that the employee is almost always protected by the law and that it is allowed to deviate from the legislation. As a result, there is no longer a power difference between employer and employee. Despite the fact that the legislation is clear, conflicts regularly arise between employees and employers. This usually concerns the dismissal, but also or other matters such as the payment of wages and vacation days. Would you like advice on these kinds of situations?
Different forms of dismissal
According to the law, there are a number of different forms of dismissal. This also creates various dismissal procedures that the employer must adhere to. The procedure for every dismissal has been legally established since 1 July 2015. General rules apply when an employer may not be dismissed. For example, an employee may not be fired in the event of illness. If the employee is ill for more than 2 years, an employee may be fired.
In addition, in the event of a dismissal since 1 July 2015, there is always a notice period of one month. This also applies to contracts with a temporary duration. Is an employer doing this too late? Then you are required to receive one month’s salary in addition to your dismissal. This is different again if you are fired on the spot. There must be a valid reason for instant dismissal. If this is not there, you can challenge it legally with the help of an employment lawyer. In the event of instant dismissal, you are also not entitled to unemployment benefits.
Since 1 January 2020 you are entitled to a transition payment in various situations. You are entitled to this if you have been employed by the same employer for 2 years or longer. You can use this amount to find a new job or to retrain yourself. It is important that if you become unemployed that you know what your rights and obligations are. Legal advice from an employment law lawyer can be important in this regard.
Unfortunately, these days there are more and more discussions about labor disputes. In theory, there is a relationship of authority in which you, as an employee, carry out what the employer instructs you to do. You are obliged to do this as long as the assignment is reasonable. Labor disputes arise if the assignment is not reasonable. For example, if you are involuntarily transferred to another department or if your vacation days are not paid out.
For example, if a company has a significant interest. In such conflicts it is important that there is mediation at work. Of course you don’t want to lose your job because of a labor dispute. On the other hand, you do want the conflict to be resolved. If no agreements can be made, you can still go to court to prove your point.
You can then ensure that your request is still granted. The judge will determine who is at fault and whether the employer must, for example, still grant your request. In case of leave, a judge will regularly take the side of the employee. An employment lawyer is important in these types of cases to find a solution together. It is of course preferable to try to avoid going to court. This way you can resolve a labor dispute in the right way.
Have you performed work in the recent period, but your employer refuses to pay this wage? Then he probably says he has very good reasons not to do this. But can this just happen? No, in most cases the employer is legally obliged to continue to pay your wages. If he does not do this, you can file a wage claim .