What is going on at your work?

An employment dispute does not always begin with an official dismissal letter. Sometimes your shifts change, overtime disappears from your payslip or a manager says you need not come in for the time being. It is precisely then that it is important to distinguish between what someone has said verbally, what is on paper and what has happened legally. Being scheduled for fewer shifts, for example, does not automatically mean that your employment contract has been validly terminated.

We can look with you at wage arrears, dismissal, an offered severance arrangement, illness and reintegration, temporary contracts and agency work. In doing so, we discuss not only what you can claim, but also what you want to achieve. Do you want to return to your work, secure your income, make better arrangements or leave in a responsible way? That aim influences the approach.

Our national employment law page gives an overview of the various topics. This page is about legal help from Rotterdam and about the documents and choices that matter in an initial assessment of your employment problem.

Wages not paid: map out the arrears precisely

If your wages are paid late or incompletely, a clear calculation is the starting point. Do not look only at the net amount in your bank account. The agreed number of hours, your gross hourly wage, holiday allowance, any allowances and the deductions on the payslip may also be relevant. For each pay period, set out side by side what was agreed, what was accounted for and what was actually received.

An employer may, for example, argue that overtime was not approved or that your own record of hours differs from the schedule. So keep rosters, timesheets and messages in which extra shifts are requested or confirmed. It helps if you clearly indicate which records come from you and which were drawn up by your employer or employment agency. A stand-alone final calculation without underlying documents is often harder to check.

In the case of late payment of wages, statutory interest and a statutory increase can be claimed, subject to conditions. That increase can amount to a maximum of 50%, but the court can reduce it. That maximum is therefore not an amount that is automatically awarded in every case. Read more about our help with a wage claim and about the wage claim procedure on the Rechtspraak website.

Fictitious example: the payslip does not match the roster

An employee has a contract for twenty hours a week, but has been working extra shifts for months. Only the contract hours are paid on the payslips. The first step is not immediately to demand an arbitrary higher monthly wage. First, the rosters, arrangements on overtime and hours actually worked are compared. Then it can be examined which wage items are missing and whether the size of the employment contract is also in dispute. This is an illustration, not a description of a case we have won.

Dismissal or a settlement agreement offered?

A dismissal proposal calls for more than checking the amount at the top of the letter. In a settlement agreement the end date, the notice period, release from duties, the final settlement, the non-compete clause and the description of who took the initiative to terminate are also important. Depending on your situation, a bonus, training costs or remaining holiday days may, for example, also play a role.

A settlement agreement is not the same as unilateral termination by the employer. Termination by mutual consent does not automatically give rise to a statutory right to the transition payment. It can, however, be negotiated, and a calculation of the transition payment can be a useful starting point. Whether a proposal is sensible also depends on the alternative: can the employer substantiate a dismissal, and what would continuing to work mean for you?

The statutory cooling-off period for a written termination agreement is normally fourteen days. If the employer has not informed you of that right in writing, it is in principle three weeks. Special circumstances may apply, for example if the cooling-off period has been used before. A possible unemployment benefit (WW) also requires a separate assessment. Favourable wording alone does not guarantee a benefit. See also the UWV explanation of dismissal and arrangements on leaving.

Summary dismissal: the time limit and the facts first

In a summary dismissal, the employer ends the employment contract with immediate effect. The assessment takes into account, among other things, the reason given, how promptly the employer acted and how that reason was communicated. The actual course of events and your circumstances may also play a role. The label the employer uses therefore does not by itself determine whether the dismissal will stand.

Keep the dismissal letter, messages about the incident and any invitation to a meeting. Write down who was present, what was said and when you heard about the dismissal. Do not sign, without explanation, a statement that goes further than confirming receipt. Also tell us whether you have already objected or whether the employer has made a settlement proposal.

We discuss whether reinstatement of the employment contract, a financial solution or another aim suits your situation. Meanwhile, it must be monitored whether an application needs to be filed in time. Negotiations can be useful, but they do not replace safeguarding a limitation period. The Rechtspraak information on dismissal describes the various procedures.

Illness, reintegration and disputes about wages

When you are ill, several questions can become intertwined. Can you do your own work? Is other work suitable? Are both parties cooperating sufficiently with reintegration? And is an announced wage measure legally correct? An employment law assessment is something different from a medical assessment. So do not tell your employer more medical details than necessary, and discuss medical limitations with the expert designated for that purpose.

In a dispute about reintegration, an expert opinion from the UWV may be relevant. That instrument has a different function from a second opinion on the company doctor’s advice. Which route is useful depends on the specific disagreement. Do not stop agreed reintegration activities on your own initiative without having your position assessed.

If you receive a letter about a wage stop or wage suspension, do not forward only that letter. Earlier warnings, the company doctor’s advice and the action plan are also important. A missed payment can have major consequences; at the same time, a careless response can make the dispute needlessly complicated. See also our information on dismissal and illness.

Agency work, on-call shifts and varying hours

Do you work at a location in Rotterdam but is an employment agency named on your contract? Then we first need to establish who your employer is, which agreement applies and which collective labour agreement is applicable. The company where you work every day is not automatically the same party as the employer that has to pay your wages. The end of an assignment also does not mean, without further assessment, that every right to wages lapses.

With on-call work, the notice period for a call, cancelled shifts, minimum entitlements per call and the offer of fixed hours may be relevant. The outcome differs per contract and sometimes per collective labour agreement. So also keep cancelled shifts and messages in which you gave your availability. A screenshot of only the current roster does not always show that a previously scheduled shift has been removed.

If you have questions about this, read more about the rights of agency workers or wages when an on-call shift is cancelled. We also check whether several problems are occurring at the same time, such as an incorrect final settlement alongside missing paid hours. Those elements must end up in one overview, without claiming the same hours twice.

Our approach: from initial assessment to a workable plan

During the first contact, we map out the problem, the parties involved and any urgency. We then determine which documents are needed for a substantive assessment. Think of your employment contract, relevant provisions of the collective labour agreement, payslips, correspondence and a short timeline. If it concerns dismissal, send the complete letter or agreement and not only the page on which an amount appears.

After the assessment, we discuss what is legally defensible, which evidence is still missing and which next steps are appropriate. Sometimes a targeted letter is enough to focus the dispute on the right points. In other situations, negotiations or proceedings are needed. We distinguish between your gross entitlement, a possible net result and costs that may play a role. An optimistic sum that does not take account of the evidential risk is not a reliable basis for a decision.

If litigation is being considered, we discuss the aim, the possible outcomes and the cost risks. In urgent cases, interim relief may, for example, be an option. Which court has jurisdiction is determined by the procedure and the parties involved; your place of residence alone is not always decisive. You will not receive a guaranteed outcome in advance, but an assessment on which you can base a well-considered decision.

What does an employment lawyer in Rotterdam cost?

The first consultation is free of charge. That does not mean that a full review of the file, negotiations or proceedings are automatically free. For any follow-up, we discuss the assignment, the method of invoicing and any additional costs, such as court fees or bailiff’s costs. With an offered severance arrangement, a contribution by the employer to the legal costs may be a subject of negotiation.

Do you have legal expenses insurance? Then it is wise to have it checked in good time whether the dispute is covered and which consent or arrangements are needed for external assistance. On a lower income, subsidised legal aid may be possible, depending on, among other things, income, assets and the importance of the case. The Legal Aid Board decides on a legal aid certificate (toevoeging); a personal contribution may still apply. The information on the costs of legal aid helps with an initial orientation.

An appointment at our office in Rotterdam

Our Rotterdam office is located at Schiedamsedijk 60-A, 3011 EH Rotterdam. Call 010 311 5500 to discuss your question and an appointment. When making an appointment, mention whether a dismissal date, a request to sign or another deadline is involved. That way, the urgency can be taken into account straight away.

Would you prefer an explanation in English, Turkish or Polish? Let us know your language preference. Within Arslan Advocaten, support is available in those languages; when scheduling, we agree on how that support will be arranged. See the details of our Rotterdam office and the profile of employment lawyer Onur Arslan.

Frequently asked questions about employment law in Rotterdam