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Help with contract (english)
donderdag 17 mei 2018 om 14:29
Hey guys,
I hope you dont mind helping me out with this but im a little fuzzy on dutch employment law.
So a little background:
I was working at fit for free the last 6 months (as a side job) until my personal training career took off. Good news is, it has! So on the 8th April I sent my boss an email saying that I would be leaving and that I understood that there was a 1 month opzegtermijn. Got an email back on the 8th April saying that is fine, he will find someone as soon as possible and that my opzeg termijn will go until end of this month (25th May). My temporary contract ends on the 25th may. I gave notice on the 8th April.
Now, I have two shifts left but because things are getting really busy, I really honestly, dont want to work my last two shifts. I sent my boss another email saying that its getting really busy for me and if there is someone who can take my place and he said that unfortunately he still hasent found anyone appropriate (which I find hard to believe since I informed him now OVER a month ago that I was leaving!!). As a result, It seems I am stuck working these last two shifts.
So my question is, what is my right as an employee? Can I just not work these last two shifts?
I have a copy of my contract and was wondering if someone could translate the aanvang and duur section to see where I stand?.Thanks. Technically I informed him now over a month ago that I was leaving so I should have been released now. Can I just ask him to fire me tonight?
1.1 ider de partijen kan deze arbeidsovereenkomst tussentijds opzeggen, mits schrijftelij en met in acht name van de wettelijke opzegtermijn. De opzegtermijn dient te eindigen op de laatse dag van een kalendermaand.
1.2 deze arbeidsovereenkomst eindigt in ieder geval van rechtswege zonder dat voorafgaande opzegging is vereist, op de eerste dag van de maand waarin werknemer de aow gerechtige leeftijd bereikt.
I hope you dont mind helping me out with this but im a little fuzzy on dutch employment law.
So a little background:
I was working at fit for free the last 6 months (as a side job) until my personal training career took off. Good news is, it has! So on the 8th April I sent my boss an email saying that I would be leaving and that I understood that there was a 1 month opzegtermijn. Got an email back on the 8th April saying that is fine, he will find someone as soon as possible and that my opzeg termijn will go until end of this month (25th May). My temporary contract ends on the 25th may. I gave notice on the 8th April.
Now, I have two shifts left but because things are getting really busy, I really honestly, dont want to work my last two shifts. I sent my boss another email saying that its getting really busy for me and if there is someone who can take my place and he said that unfortunately he still hasent found anyone appropriate (which I find hard to believe since I informed him now OVER a month ago that I was leaving!!). As a result, It seems I am stuck working these last two shifts.
So my question is, what is my right as an employee? Can I just not work these last two shifts?
I have a copy of my contract and was wondering if someone could translate the aanvang and duur section to see where I stand?.Thanks. Technically I informed him now over a month ago that I was leaving so I should have been released now. Can I just ask him to fire me tonight?
1.1 ider de partijen kan deze arbeidsovereenkomst tussentijds opzeggen, mits schrijftelij en met in acht name van de wettelijke opzegtermijn. De opzegtermijn dient te eindigen op de laatse dag van een kalendermaand.
1.2 deze arbeidsovereenkomst eindigt in ieder geval van rechtswege zonder dat voorafgaande opzegging is vereist, op de eerste dag van de maand waarin werknemer de aow gerechtige leeftijd bereikt.
donderdag 17 mei 2018 om 14:33
donderdag 17 mei 2018 om 14:34
The last paragraph is not applicable in your situation, because it concerns older employees who reach the age of retirement.
As for the opzegtermijn, unfortunately you have to work until the last day of the next month after your notice of leave...
It's just two shifts, and you signed a contract to work. It's very unprofessional to leave your employer hanging like that. I'm not sure of the consequences, but in your situation I would just bite the bullet.
As for the opzegtermijn, unfortunately you have to work until the last day of the next month after your notice of leave...
It's just two shifts, and you signed a contract to work. It's very unprofessional to leave your employer hanging like that. I'm not sure of the consequences, but in your situation I would just bite the bullet.
anoniem_356008 wijzigde dit bericht op 17-05-2018 14:37
29.75% gewijzigd
donderdag 17 mei 2018 om 14:38
1.1 ider de partijen kan deze arbeidsovereenkomst tussentijds opzeggen, mits schrijftelij en met in acht name van de wettelijke opzegtermijn. De opzegtermijn dient te eindigen op de laatse dag van een kalendermaand = the last day of the month.
I don't think your employer will take it to court but according to the contract you should work your last shifts.
I don't think your employer will take it to court but according to the contract you should work your last shifts.
donderdag 17 mei 2018 om 14:38
I hear what you are saying. But things got busy in my life and being a temporary contract I thought it would be easy to get out of.Fragolisa schreef: ↑17-05-2018 14:34The last paragraph is not applicable in your situation, because it concerns older employees who reach the age of retirement.
As for the opzegtermijn, unfortunately you have to work until the last day of the next month after your notice of leave...
It's just two shifts, and you signed a contract to work. It's very unprofessional to leave your employer hanging like that. I'm not sure of the consequences, but in your situation I would just bite the bullet.
donderdag 17 mei 2018 om 14:39
donderdag 17 mei 2018 om 14:41
Keep the clients in mind. There's probably a funxtion training you have to give or something else. Don't know if you have a fitness shift or if you're behind the front desk, but people are counting on you. You're other colleagues aren't going to be happy if they have to do a double shift or two jobs at the same time.
This is one of the reasons why I'm happy to not be working at a gym anymore. Too many unreliable colleagues.
This is one of the reasons why I'm happy to not be working at a gym anymore. Too many unreliable colleagues.
donderdag 17 mei 2018 om 14:41
If I call in sick for this evening does my employer have to accept that? Or can he refuse?essychan schreef: ↑17-05-2018 14:39The notice period is always a full calendar month, so actually until May 31. But your contract ends May 25, so that comes first.
It’s not 30 days!! You still have to go to your shifts. Sure, you can call in sick, but that’s not a good way to end things with an employer.
donderdag 17 mei 2018 om 14:43
[quote=BabyGroot post_id=28519110 time=1526560875 user_id=344423]
Keep the clients in mind. There's probably a funxtion training you have to give or something else. Don't know if you have a fitness shift or if you're behind the front desk, but people are counting on you. You're other colleagues aren't going to be happy if they have to do a double shift or two jobs at the same time.
This is one of the reasons why I'm happy to not be working at a gym anymore. Too many unreliable co
Its not that I am unreliable I gave my boss plenty of time to get someone else together and by the sounds of it, he still hasent! That is why I informed him on the 8th April as I knew my schedule would be getting busy and fast (which it has!)
Keep the clients in mind. There's probably a funxtion training you have to give or something else. Don't know if you have a fitness shift or if you're behind the front desk, but people are counting on you. You're other colleagues aren't going to be happy if they have to do a double shift or two jobs at the same time.
This is one of the reasons why I'm happy to not be working at a gym anymore. Too many unreliable co
Its not that I am unreliable I gave my boss plenty of time to get someone else together and by the sounds of it, he still hasent! That is why I informed him on the 8th April as I knew my schedule would be getting busy and fast (which it has!)
donderdag 17 mei 2018 om 14:45
It seems like you really lack character. Just suck up these two shift and it will be better for you long term career.
Sure, you can call in sick. Your employer might contact a doctor that will come and see you (probably not).
With people like you I really hope that this comes back and hits you hard.
donderdag 17 mei 2018 om 14:46
donderdag 17 mei 2018 om 14:48
Where did the lack of character come from? I have a great career, love my job as a PT (it helps that I can do it totally in english) but I not enjoyed working at Fit for Free, which is why I was hoping it was going to be a speedy process, not a last minute process.essychan schreef: ↑17-05-2018 14:45It seems like you really lack character. Just suck up these two shift and it will be better for you long term career.
Sure, you can call in sick. Your employer might contact a doctor that will come and see you (probably not).
With people like you I really hope that this comes back and hits you hard.
donderdag 17 mei 2018 om 14:48
Legally, your contract ends at the last day of May, so May 31st. Your boss has done you a favor by letting you off a week earlier as a nice gesture.
And maybe he has found someone who will start on May 25th, but until then you are obliged to work, whether you want it or not.
anoniem_356008 wijzigde dit bericht op 17-05-2018 14:53
16.56% gewijzigd
donderdag 17 mei 2018 om 14:52
It lacks character because you have a contract to uphold. You might not enjoy working there anymore, but what are two shift in a lifetime of a career? Just suck it up! Calling in sick if you're not sick is just pathetic, and your employer knows you're faking too.Luke110 schreef: ↑17-05-2018 14:48Where did the lack of character come from? I have a great career, love my job as a PT (it helps that I can do it totally in english) but I not enjoyed working at Fit for Free, which is why I was hoping it was going to be a speedy process, not a last minute process.
donderdag 17 mei 2018 om 15:04
donderdag 17 mei 2018 om 15:20
+ 1!
donderdag 17 mei 2018 om 15:21
Calling in sick when you aren’t sick is a serious case of fraude, as your employer would be obliged to pay you for sick hrs. They can refuse to accept your request for sick leave, when they are sure that you are messing them around. In that case, they may qualify it as “refusal to work the notice period”, in which case they are allowed to hire a replacement at your expense.