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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 15:22
It would be unwise to not do those two shifts, as you will continue work in the same field. Word gets round quickly that you are unreliable.
Suck it up, do the two shifts and end it on good terms. That will be benificial in the long run.
Calling in sick is silly, you are not sick.
Suck it up, do the two shifts and end it on good terms. That will be benificial in the long run.
Calling in sick is silly, you are not sick.
Your life could depend on this. Don't blink. Don't even blink. Blink and you're dead. They are fast. Faster than you can believe. Don't turn your back, don't look away, and don't blink! Good luck. - The Doctor
donderdag 17 mei 2018 om 15:25
You shouldn't have send that email in the first place. Now that you have, your boss will know for sure that you are lying. I would just finish the two shifts and leave on a good note. Also, because you will still be working in the same industry, it won't be a good look if he tries to sabotage your business.
donderdag 17 mei 2018 om 16:07
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.
You took the job, signed the contract, so now you have to stick to your commitments. That's what you tell your PT customers too isn it? Stick to your commitments. It's only two shifts, suck it up.
donderdag 17 mei 2018 om 16:42
donderdag 17 mei 2018 om 16:59
Actually, since you have a temp contract, you didn't have to keep any kind of period of giving notice. It just ends the 25th of May.
Calling in sick isn't just not done, but there can be legal consequences. The employer can sue for damages.
Did you use all your vacation days? And what happened on all the holidays, did you get paid and had the day off anyway?
Please show us what is written in the contract about vacation days. The boss can't just tell you not to use them.
Calling in sick isn't just not done, but there can be legal consequences. The employer can sue for damages.
Did you use all your vacation days? And what happened on all the holidays, did you get paid and had the day off anyway?
Please show us what is written in the contract about vacation days. The boss can't just tell you not to use them.
donderdag 17 mei 2018 om 17:13
I am on a temp contract. So what position does that put me in in terms of opzegtermijn. I said on the 8th April that I was leaving.
6.1 vakantie - werknemer heeft voor ieder volledig kalenderjaar dat de arbeidsovereenkomst voortduurt recht op 25 werkdagen vakanatie oip basis van een diensverband van 40 uur per week met behoud salaris op te nemen met zijn leidinggevende,. partijen streven enaar dat all vakantiedagen worden opgenomen in het jaar waarin zij zijn opgebouwd/
6.1 vakantie - werknemer heeft voor ieder volledig kalenderjaar dat de arbeidsovereenkomst voortduurt recht op 25 werkdagen vakanatie oip basis van een diensverband van 40 uur per week met behoud salaris op te nemen met zijn leidinggevende,. partijen streven enaar dat all vakantiedagen worden opgenomen in het jaar waarin zij zijn opgebouwd/
donderdag 17 mei 2018 om 17:14
Those lasts posts are incorrect. Companies normally have to aprove all holiday requests, unless there are very strong reasons for not doing so. However, at the end of a contract, an employer may decide that the employee can’t take any holiday(s) during their notice periode, and instead will be paid for any holiday not taken at the end of the contract.
donderdag 17 mei 2018 om 17:18
You will have worked 6 months at your end date. That means you’re entitled to (25/2)=12,5 days of annual leave based on a 40 hr contract. If you only worked parttime, the annual leave allowance will be pro-rated accordingly.Luke110 schreef: ↑17-05-2018 17:13I am on a temp contract. So what position does that put me in in terms of opzegtermijn. I said on the 8th April that I was leaving.
6.1 vakantie - werknemer heeft voor ieder volledig kalenderjaar dat de arbeidsovereenkomst voortduurt recht op 25 werkdagen vakanatie oip basis van een diensverband van 40 uur per week met behoud salaris op te nemen met zijn leidinggevende,. partijen streven enaar dat all vakantiedagen worden opgenomen in het jaar waarin zij zijn opgebouwd/
If you have any annual leave days left and not taken at the end date, your employer is legally obliged to pay you for these (against normal hourly wage).
donderdag 17 mei 2018 om 17:22
Your contract says that the legal notice period is applicable. The Dutch legal notice period is one month (for a 6 month contract, provided that a notice clause is included in the contract) and that month always starts on the first day of the month following the month in which you gave notice.
If your contract wouldn’t have ended before month end, you would have had to work until the 31st of May.
donderdag 17 mei 2018 om 17:23
This says that you can’t give notice when the contract doesn’t include a notice clause.
donderdag 17 mei 2018 om 17:23
But technically, I can use some vacation days right?Nummer*Zoveel schreef: ↑17-05-2018 17:22Your contract says that the legal notice period is applicable. The Dutch legal notice period is one month (for a 6 month contract, provided that a notice clause is included in the contract) and that month always starts on the first day of the month following the month in which you gave notice.
If your contract wouldn’t have ended before month end, you would have had to work until the 31st of May.
donderdag 17 mei 2018 om 17:24