Received a settlement agreement, not been paid your wages or having problems with your on-call contract? Arslan Advocaten helps employees and employers from Delft with employment law questions. We work for clients from Delft from our offices in The Hague and Rotterdam. We assess your contract, the facts and the options for resolving the problem.

In an employment dispute, short time limits may apply. So mention straight away when you received a dismissal letter, a proposal or a message about a wage stop. Do not wait until your file is complete if a time limit is about to expire.

Have your employment law situation assessed. State whether you are an employee or an employer and which decision is needed now.

What is the issue at your work?

Settlement agreement in Delft: have the whole agreement assessed

A settlement agreement, often called a VSO (vaststellingsovereenkomst), is a proposal to make joint arrangements about the end of the employment. The compensation is only one part of it. The end date, notice period, reason for termination, benefit position, holiday days and any non-competition or non-solicitation clauses can be at least as important.

Also check which claims are closed by a final discharge. Are you still owed wages, a bonus or expenses incurred? And what happens with study costs or company property? Such matters must be clear before you agree. See our detailed explanation of having a settlement agreement checked.

Cooling-off period and consequences for benefits

When employment is ended by mutual consent, employees are in principle entitled to a statutory cooling-off period of fourteen days. If the required mention of this is missing, the period can be three weeks. There are exceptions, for example with repeated use within a short time. So have the date and circumstances checked if you want to go back on an agreement.

The Dutch government (Rijksoverheid) describes the rules on dismissal and the cooling-off period. The wording of a settlement agreement does not in itself guarantee unemployment benefit (WW). Your actual situation and the statutory conditions remain relevant. If you are ill, signing deserves extra attention because it can affect your income position.

Employment law for on-call workers, students and side jobs

Employment law rules also apply to a side job. Being a student or having few hours on paper does not say everything about your entitlements. We look at the agreement and at how you actually work: how often you are scheduled, who determines your hours, which payments are made and whether your deployment has changed over time.

Zero-hours contract or min-max contract

Keep calls to work, cancellations and schedules. Show for each month how many hours you worked and how many hours were paid. With variable deployment, the contractual arrangements, statutory presumptions and collective labour agreement rules can play a role. A period with many hours does not lead to the same result in every case; it must first be examined whether that period is representative.

Fictitious example: a student works a few hours a week according to the contract, but for months is on almost the same extended schedule. After a disagreement, he is no longer given any shifts. Then not only the name of the contract is relevant, but also the actual deployment and the reason why the work stops.

Temporary contract and successive contracts

With temporary employment, the end date, extensions and earlier contracts are important. Sometimes someone first worked through an employment agency and then directly for the same company. That work history can be relevant to the assessment. So do not bring only the last contract.

Read more about fixed-term contracts. The chain rule, notice of (non-)renewal and a possible compensation payment are separate topics with their own conditions. Have a message you received about your contract ending assessed in good time if you are unsure about the consequences.

Working through an employment agency

With agency work, both the employment agency and the company where you work may play a role. For questions about wages, contract duration and termination, it must be clear who your employer is and which scheme applies. Collect information about the phase, the agency clause, the collective labour agreement and the history of your placements.

The explanation of the rights of agency workers helps with the preparation. Also mention it if your work is linked to housing or transport. In that case, several arrangements can have consequences at the same time when a placement stops.

Wages not paid, hours missing or deductions incorrect

Start with an overview for each pay period: what should you have received under the arrangements and what was actually paid? Distinguish between gross and net amounts. Check regular hours, allowances, holiday pay, expenses and any deductions separately. Keep the payslip and the bank statement.

The right approach depends on the reason for non-payment. An administrative error, disputed hours and a wage sanction during illness call for different responses. Ask for an explanation and record which amounts you dispute. With structural payment problems, it must also be examined whether fast-track proceedings make sense and whether recovery remains possible.

You can find more information on our page about a wage claim. The possibility of a statutory increase or interest does not mean that every amount claimed will automatically be awarded. A correct calculation and substantiation remain necessary.

Illness, reintegration and an employment dispute

An employment dispute can coincide with illness, but they are not the same questions. The company doctor assesses medical capacity for work; in addition, employer and employee must make arrangements about reintegration. A discussion about suitable work or availability can have consequences for wages. So respond promptly and factually to written warnings.

In the first two years of illness, protection against dismissal applies in principle, with exceptions and situations in which other rules apply. A temporary contract can, for example, expire while someone is ill. See the information from UWV on the prohibition of termination during illness. Do not assume that being ill makes every termination impossible, but do not sign an exit arrangement without advice either.

For the initial legal assessment, the contract, the correspondence and relevant reintegration arrangements are important. Do not send your complete medical file without consultation. We discuss which information is needed and which party should receive it.

Employment law advice for employers from Delft

For employers, we look for an approach that is both legally sound and workable in practice. With underperformance, expectations, guidance and documentation are relevant. With absence due to illness, the approach must fit within the reintegration obligations. With a wage or scheduling dispute, the actual records deserve attention before measures are taken.

We can assess an employment contract, proposal or file and help determine the next steps. In doing so, we discuss not only which measure you want to take, but also which problem that measure is meant to solve. In a dispute, we check in advance whether assistance is possible and that there is no conflict of interest.

What happens after your request?

1. Determine urgency: dismissal date, deadline for signing, wage sanction or proceedings.
2. Organise documents: contract, collective labour agreement if known, correspondence and relevant financial information.
3. Assess the position: what is established, what is disputed and what information is missing?
4. Discuss the next steps: advice, a response, negotiation or proceedings, with a cost arrangement.
5. Monitor arrangements: who does what and which time limits must be kept in view?

A complete file speeds up the substantive assessment, but is not a condition for reporting an urgent question. Pass on any uncertainties and keep original messages. Do not start collecting confidential company files on your own initiative to which you have no lawful access.

Costs and contact for Delft

You can submit your question through our offices in The Hague and Rotterdam. At the intake, we discuss the lawyer, the proposed work and the costs. With a settlement agreement, a contribution from the employer can sometimes be agreed. That is not an automatic full reimbursement.

Depending on income, assets and the case, subsidised legal aid may be possible. Legal expenses insurance may also be relevant; discuss the cover and consent before you assume that external costs will be reimbursed. Our employment law practice provides further information. You can also view the profile of Onur Arslan.

Frequently asked questions about employment law in Delft

My employer wants a signature today. What should I do?

Ask for the complete proposal in writing and have it assessed before you agree. The deadline set by the employer is not automatically a legal obligation to sign. Do mention which date has been set, so that the urgency can be determined.

I have already signed. Is there any point in getting in touch?

Yes, have it checked quickly whether a cooling-off period or another legal option applies. Provide the date on which the agreement was concluded and the signed document. Do not wait for a complete file if a short time limit may be running.

I live in Delft but work in another city. Can you help?

Yes. State where you work and who your employer is. Where you live does not in itself determine the applicable rules or the competent court. In international employment situations, additional questions may be needed.

Do I have rights without a written contract?

An employment relationship can also exist without a complete written contract. The actual arrangements and how they were carried out must then be examined. Payments, schedules, messages and the duration of the work can be important in this respect.

Can I also get in touch about a small side job?

Yes. The size of your job does not determine whether a question should be assessed seriously. We discuss the financial interest, the legal options and an appropriate scope of assistance.

Is my case assigned to a lawyer straight away?

First we look at your question, availability and any conflicts of interest. We then agree who will handle the case, which work will be carried out and which cost arrangements apply.

Request employment law advice — for Delft through The Hague and Rotterdam.