Do you work or live in Arnhem and have an employment law problem? You can put your question to Arslan Advocaten. We look at your employment contract, the cause of the dispute and the outcome you are seeking. We agree in advance which office and which lawyer can handle your case and how contact will be arranged.
This page focuses on situations in which your work changes: a reorganisation, a proposal for different work, a termination arrangement or a non-compete clause that stands in the way of your next step. If a time limit is running, it is important to mention it straight away. You can find our general services under employment law.
Your position is abolished or changes
A notice that your position will be abolished raises questions about the reason, the selection and the possibilities for other work. A reorganisation does not have the same consequences for every employee. Your contract, duties, position within the organisation and any collective arrangements may be relevant.
Ask for the written explanation and keep proposals for a different position. Do not only compare the job title, but also duties, hours, salary, responsibilities and place of work. An offer may seem comparable at first sight, while the practical consequences are considerable.
We discuss what information is needed to assess the situation. This may also include a social plan, earlier arrangements or correspondence about redeployment. Indicate whether you want to stay with the employer or are mainly seeking clarity about a careful departure.
Different work, a different place of work or fewer hours
Not every change can be implemented unilaterally. At the same time, not every change is ruled out because it differs from your original duties. The contractual arrangements and circumstances call for a concrete assessment.
For someone from Arnhem, a change in place of work can have consequences for travel time, care responsibilities or existing work arrangements. Set out those consequences factually. On which days do you have to travel? What changes in your schedule? Which solutions have been discussed?
Do not respond only with a general acceptance or a general refusal. A reasoned response can make clear which elements you can accept and where the sticking point lies. Have the significance of your response for your position and any further negotiations assessed.
Dismissal proposal and settlement agreement
An employer may propose ending the employment by mutual consent. The terms are laid down in a settlement agreement. Those terms go beyond a severance payment: the end date, notice period, release from duties, leave, bonus and references also deserve attention.
Your entitlement to a benefit does not depend solely on a standard sentence in the contract. The reason for leaving, who took the initiative and the chosen end date, among other things, may be relevant. A lawyer cannot guarantee a decision by UWV, but can identify risks in the text.
Also pay attention to arrangements that continue to apply after you leave. A non-solicitation clause or confidentiality clause can affect your scope at a new employer. A full and final discharge can have consequences for existing entitlements. So first make an inventory of what is still outstanding.
Have you already signed? State the date of signing and send the complete agreement. A statutory cooling-off period may apply, but do not assume a time limit without having it checked. More explanation can be found on the page settlement agreement.
Non-compete clause and your next job
A non-compete or non-solicitation clause can create uncertainty when you move to another job. The first question is what exactly was agreed: which work, relations, region and period are covered by the restriction? A penalty clause and later changes to your position may also be relevant.
A new employer may ask whether you are free to start. Do not give any certainty that you do not yet have. Gather your contract, any supplements and the concrete offer for the new position. That makes it possible to see where there is overlap or risk.
Sometimes an arrangement with the former employer can provide clarity about a specific move. Sometimes a legal assessment or proceedings are needed. A clause is not automatically valid because it was signed, but nor is it automatically unusable because you consider it unreasonable.
Make any release written and specific. An oral statement that the employer probably will not make a problem of it can later lead to discussion. Describe which position, employer or customer base is covered by the permission.
Illness during a reorganisation or exit process
If you are sick, a proposal about leaving deserves extra attention. Illness, continued payment of wages and reintegration each have their own rules. A reorganisation does not automatically remove those points of attention.
Mention at the intake that you are sick or in a reintegration process. We look at the arrangements and advice relevant to your case. Agreeing to termination during illness can have consequences for income and benefits; so do not sign solely on the basis of a general explanation from the other party.
Even if you are working partially, medical limitations may be relevant to another position that is offered. Distinguish between what you would like and what is feasible according to the relevant assessment. Medical information is requested in a targeted way and after consultation.
Pay and other entitlements on leaving
An exit arrangement must tie in with the financial settlement. Check salary, holiday pay, outstanding leave days and any variable pay. Look at what arrangements exist about expense claims, study costs and returning company property.
With a bonus or commission, discussion may arise about the period in which the work was performed and the moment at which payment becomes due. Compare the applicable scheme with earlier payments and concrete results. A general reference to all amounts still owed may provide too little clarity.
If wages are not paid, gather payslips, bank statements of the relevant payments and the correspondence. The page wage claim describes the appropriate route. A payment dispute does not have to wait until all other parts of an exit arrangement have been resolved.
Which documents help with the initial assessment?
- Your employment contract and any amendments or annexes.
- The reorganisation notice, job proposal or termination proposal.
- An applicable social plan or other collective arrangements, where available.
- Recent payslips and schemes on bonus, commission or study costs.
- The text of a non-compete, non-solicitation or penalty clause.
- Relevant correspondence and an overview of running time limits.
Also tell us what you want to achieve. An exit arrangement calls for different choices than an attempt at redeployment. The scope of the engagement and the costs are discussed in advance. The way appointments are made is also tailored to your situation.
Frequently asked questions about employment law in Arnhem
Can I put an employment law question to you from Arnhem?
Yes. Get in touch and describe your situation. We agree in advance which office and which lawyer can carry out the assessment and how contact will take place. A concrete engagement only arises once the handling of the case has been agreed.
Is a reorganisation sufficient reason for dismissal?
That must be assessed in the circumstances of the case. The substantiation, the applicable route and the position of the employee are relevant. An announcement does not mean that every proposed condition is fixed.
Do I have to accept a different position?
That depends on the arrangements and on the concrete offer. Duties, pay, hours, travel distance and personal circumstances may be relevant. Have the complete proposal assessed before you agree or refuse.
Can I negotiate about my non-compete clause?
That is possible. An exit arrangement can be a suitable moment to clarify or adjust restrictions for a next job. The outcome depends on the interests and willingness of the parties.
What if my employer says the settlement agreement is standard?
Standard provisions can also have far-reaching consequences. Your contract, illness, bonus or intended move may call for different arrangements. Have the proposal assessed in relation to your own situation.
Can Arslan also help an employer?
You can also put a question to us as an employer. We first assess whether we can act and which approach is appropriate. Conflicting interests are checked before the handling of the case is agreed.
Put your employment question to us
Contact Arslan Advocaten. Mention Arnhem, the type of employment problem and any response date. A short description and the main proposal provide a useful starting point for further assessment.