Employee rights in case of dismissal: What to do?
Questioner
I have a fixed-term contract for 8 months with a trial period of 1 month. My boss has threatened to fire me several times if I couldn't come to work, repeatedly saying it was because of unauthorized absence. Now it so happens that I asked my boss at the beginning of March about work, and he responded by text message that we would discuss work for the rest of the month on the next working day. Then the next working day he may have been there for 4 hours but he didn't say anything about the rest of the month. I couldn't go to work because of broken transportation. My boss responded that he couldn't trust me and that I was absent again and that wouldn't happen again, but nothing was actually agreed for this day and I only let it be known that I wouldn't make it because I had to walk back home. I'm already through my probationary period and still have 3 months before my contract ends, but there's nothing about premature termination of the contract. So I assumed after my probationary period that I'm stuck with my boss until the end of the contract and he's stuck with me. What I don't find normal is that they keep threatening me if I can't, but if they don't have work, I'm stuck without being able to do anything about it? I don't like my job and would like to get rid of it, but is this possible? Can my boss fire me on this basis for unauthorized absence?Lawyer
As an employee, you are required to comply with reasonable instructions from your employer. This means that you must be present at work on time on the agreed days. If you do not do this and it happens several times without a valid reason (illness, force majeure), the employer has grounds to terminate your employment contract for urgent reasons. After all, the employee then persistently refuses to comply with reasonable orders or assignments. In that case, if you apply for a benefit under the WW, the UWV may refuse to grant you this because you have become unemployed through your own fault. How the employee gets to work is his business and also his responsibility. A broken down vehicle is not force majeure. If you are not happy with your job, you can also resign yourself, usually with a notice period of 1 month.Questioner
Even if nothing has been agreed for the day and I would only check the office to see if there is work. My boss wants to give the company to his son, but I have to answer to two people. The point is that my boss did not inform me about work and if I let him know that I am not available that day, he cannot fire me on this basis, can he? The point is that I have already asked my employer about work this month and he has NOT come back to me about this. Then what my boss is trying to do is unreasonable because then my question to my boss is when did he let me know that I had to come on that day.Questioner
Exactly as you say on the agreed day, how is this recorded? I am following my boss to get a job and one day I am unemployed, this is not allowed and possible if this is the case, can you tell me how my boss can prove that I agreed to come to work on this day, because he cannot justify this in any way, that is why I say that it is not fair if I am fired like this while it suits him to fire me exactly when it suits him. No appointment = no work so should I ask my boss for proof or should I just continue working until my contract ends?Questioner
Just to be clear I was not called up for FridayQuestioner
It was said that there was a verbal agreement, but I don't know anything about it. How do I protest my dismissal? No matter how I turn or turn, my boss hasn't called me.Neem de volgende stap
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