Received a proposal to end your employment, a dispute about wages or problems with reintegration? Arslan Advocaten helps employees and employers from Zoetermeer with employment law questions. Through our office in The Hague we assess the documents, the urgency and the possible next steps.
Discuss your situation with Arslan Advocaten. Mention straight away if a time limit is approaching.
What should you do now in an employment dispute?
Start with the decision you are being asked to make in the short term. Do you have to sign a settlement agreement, respond to a warning or attend a meeting? Note the date of receipt and the time limit stated. Not every date set by the employer is a statutory limitation period, but some employment law procedures do have very short time limits.
Collect the contract, later additions, the applicable collective labour agreement insofar as known and the most important correspondence. Make a timeline of the events that led to the conflict. Keep facts and your own assessment separate. That helps you write a response that makes your position clear without unnecessarily broadening the dispute.
We discuss whether your goal is keeping your job, restoring wage payment, a workable return or an exit arrangement. Sometimes several routes are possible. Which of them makes sense depends on the legal position, the available evidence and your practical interests. The general page on employment law provides background on these topics.
Settlement agreement: more than a severance payment
A settlement agreement (VSO) usually governs the end of an employment relationship by mutual consent. The amount offered catches the eye, but the end date, notice period, reason for leaving and benefit position deserve just as much attention. Also check the settlement of holiday days, holiday pay, bonus, expenses and any other wage components.
A non-competition clause, non-solicitation clause or study costs agreement can affect your options after leaving. Make clear whether such arrangements lapse, continue to apply or are amended. With a final discharge, it must be examined which claims are closed by it. A general sentence may also cover a wage claim that has not yet been discussed.
Have a settlement agreement assessed before you agree. The statutory reflection period is intended as an opportunity to go back on an agreement under certain conditions, but it does not replace advice in advance. In principle, that period is fourteen days, and three weeks if the required information is missing. Have the precise application checked if you have already signed.
Dismissal and illness: look at the income risk first
Illness makes an exit proposal particularly sensitive. Wording that may be appropriate for a healthy employee does not automatically give the same benefit position in the event of illness. UWV warns about the consequences of resigning yourself or agreeing to dismissal during illness. So mention at the very first contact that you are ill or have recently gone off sick.
The reason for termination and the type of contract also count. The expiry of a temporary contract is something different from an early termination by mutual consent. An employment conflict and medical incapacity must also be assessed separately. The question of whether you can do your work belongs to the medical assessment by the company doctor; the legal consequences also require attention.
For the initial assessment, send the relevant letters and agreements about reintegration. Your full medical file is not needed as standard. First discuss which information is legally relevant and how it can be shared carefully. Do indicate whether a wage sanction or new arrangement is imminent.
Wage stop, wage suspension or underpayment
Not every interruption in wage payment has the same basis. An employer may claim that information is missing, that agreements have not been kept or that hours have not been worked. Ask for the specific reason and period. The mere word ‘wage stop’ in an email is not enough to assess whether the measure is justified.
Make an overview of the agreed wages, the payslips and the payments actually made. Also check allowances, overtime and deductions. In a dispute about attendance, schedules, time records and messages about availability are important. In the event of illness, warnings and arrangements about suitable work are also relevant.
If payment is not made, we look at whether a written demand, negotiation or proceedings are appropriate. A wage claim must match the facts and a verifiable calculation. A statutory increase or interest is not automatically awarded to the full extent requested. The urgency and affordability of proceedings are also discussed.
Received a warning or an improvement plan
An improvement plan should make clear which points, according to the employer, need to change and how this will be assessed. Ask for concrete examples, expectations and arrangements about support. Respond to factual inaccuracies and keep your response. You do not have to agree with every characterisation in order to take part constructively in the discussion.
Compare the new criticism with earlier appraisals, changes in duties and the resources available. Perhaps the position has changed, training is lacking or organisational circumstances play a role. That does not automatically mean that all criticism is unjustified. It does help to determine which arrangements are needed to assess fairly whether improvement is possible.
A fictitious example: an employee is given new sales targets while his sales territory has been reduced. Then not only the results are relevant, but also the changed circumstances and the justification for the targets. We help determine which points should be recorded in writing. The example says nothing about the outcome of a specific dismissal case.
Summary dismissal: have it assessed immediately
With summary dismissal, the employment ends immediately according to the employer. That can have major consequences for wages and benefits. Keep the dismissal letter and describe the conversation factually as soon as possible. State which reason was given and when the employer knew of the events.
For a request to the court for annulment, a short time limit of two months after the end of the employment contract applies. A letter of objection to the employer does not replace a timely request to the court. The Dutch government (Rijksoverheid) explains summary dismissal. Have the right action and time limit assessed immediately.
Besides returning to work, other requests or a settlement may be considered in some situations. The choice has consequences for your income and your position in proceedings. So do not respond purely out of anger, and do not sign a statement about fault or dismissal without knowing the consequences. An urgent assessment can start before your entire file is complete.
Temporary contract or changed terms of employment
With a temporary contract, we look at start and end dates, earlier contracts and any interruptions. Previous agency work may also be relevant. A statement that a contract ‘simply expires’ is not always enough to answer all questions about rights and compensation. So bring the contract history, not just the latest version.
A change in hours, workplace, salary or position must be assessed on its own merits. Which agreements exist, is there a unilateral amendment clause and what reason does the employer give? A change in practice can have different consequences from a formal contract amendment. Record what is being proposed and from when.
A reorganisation raises other questions again, such as selection, redeployment and the correct dismissal route. It pays to look at a proposal or dismissal application before you assume that the outcome is certain. At the same time, withholding consent does not automatically give a right to keep the same position under all circumstances.
Employment law assistance for employers
For employers from Zoetermeer, we assess contracts, files and proposed measures. A workable approach starts with the problem that needs to be solved. With underperformance, support and evidence are important; with absenteeism, the medical and reintegration context; with a wage dispute, correct records and a proper basis.
The aim is for correspondence, implementation and the legal route to be aligned. A harsh letter does little good if the arrangements cannot be carried out or the file does not support the assertions. We discuss alternatives, risks and the options for consultation. Before starting, we check whether assistance is possible without a conflict of interest.
Intake, costs and contact from Zoetermeer
In the initial assessment, we map out the urgency, the desired outcome and the work required. We then make arrangements about the assignment and the costs. With a settlement agreement, a contribution towards legal assistance can be negotiated, but it is not self-evident or unlimited in every case.
If you have legal expenses insurance, first have the cover and any consent for external assistance checked. Subsidised legal aid may be possible depending on your personal situation and the type of case. Court fees and other litigation costs also deserve attention if proceedings are being considered.
Your question from Zoetermeer can be handled through Arslan Advocaten in The Hague. State whether you are an employee or employer, what needs to happen now and which date applies. If it is urgent, send the most important letter first; additional documents can then be collected in a targeted way.
Frequently asked questions about employment law in Zoetermeer
My employer wants a signature today. Am I obliged to sign?
A signing deadline set by the employer does not automatically oblige you to agree. Ask for the full proposal in writing and have the consequences assessed. Do mention straight away which time limit has been given.
Can I have a settlement agreement checked if I am ill?
Yes. Report the illness and any ongoing reintegration straight away. Termination during illness can affect your income and benefit position, so the assessment goes beyond the amount of the compensation.
I work outside Zoetermeer. Can I still come to you?
Yes. Provide your place of residence, place of work and employer. With international employment relationships, additional research may be needed into the applicable law and the competent court.
What does help with a wage dispute cost?
That depends on the work required and any funding. We discuss the scope of the assignment, the financial interest and possible litigation costs before further steps are agreed.
Can a letter of objection undo my summary dismissal?
A letter can record your position, but it does not replace a timely request to the court. Have it assessed immediately which procedure and time limit apply in your situation.
Request an assessment of your situation. We will discuss the next steps and the cost arrangements.