Question about employer? Get free legal advice!


Questioner

My ex-employer refuses to pay my overtime after our relationship as employer and employee ended. I have the contracts of the projects where I worked, which state that we work 12 hours a day, 7 days a week for this client. It was agreed with our (staff) that we would be paid 12 hours a day, including travel days. The clients also want to testify against my ex-employer for me if necessary. My ex-employer has also had all his invoices from these clients paid. After later starting independently, I have worked for all these clients again. Now he says: prove that you have worked those hours. My question, is the evidence of contracts between him and clients plus the witnesses enough to win in court Furthermore, my ex-employer refuses to issue my VCA full certificate. He even demands €300,- while nothing in the contract between us stated repayment of training. Went to take the exam with my own transport in my own time. Didn't even have lessons, just had to read a book at home myself. My question: Am I entitled to my VCA certificate without payment? Then I had to hire a lawyer because my ex-employer refused to send the annual accounts and pay slips after several reminders by email and registered mail. My question: Is an employer obliged to provide pay slips and an annual overview? After our employment relationship ended, my ex-employer refused all of the above and more. However, I have never seen a detailed written statement. My question: Can my employer at least send me a written statement so that I at least know what he wants to settle? Question 2 in this matter: what may an employer offset? Question 3 in this matter: can the former employer offset the full gross salary? I thought the tax authorities always had to be paid.

Lawyer

Your employer is obliged to pay you for overtime if you have worked it. Work notes, contracts, anything that can prove that you have worked those hours can be entered as evidence. If you have followed the VCA course on behalf of your employer, he must pay for it unless otherwise agreed. When he has paid and you have taken the exam, he is obliged to give you the certificate. If there is proof that he has paid for it, proof must be presented. Your employer is obliged to provide you with pay slips and annual statements. He is also obliged to send you a statement clearly stating what has been settled and what items have been transferred to you. (Achievements that may be settled include, for example, costs that were agreed upon that he would pay for while they were actually for you, outstanding fines, etc. etc.) As for the gross salary, this is the salary from which everything is still deducted. He must settle this before he transfers the net salary to you. In some cases, it can be agreed that you will receive gross salary and that you are responsible for paying social security contributions such as payroll tax. This is not the standard procedure and must always be clearly stated in the agreement. If he does not pay the social security contributions, you can still be assessed by the tax authorities for all those years. If you require further assistance or advice, please do not hesitate to contact us.

Lawyer

In broad terms, what my predecessor indicates is correct. It seems that your WGR has trampled on many rules and that he is leaving it up to you to hire a lawyer. I would need to see the documents to be able to advise you better. A letter of formal notice from a lawyer often helps to force the WGR to meet its obligations. I do not know whether you have insurance for this or whether you are eligible for legal aid. For the latter: take a look at the website of the Legal Aid Board. If the distance is not an obstacle for you, you can always contact me.

Questioner

First of all thanks for the responses. This made me search further and I found the following . My ex employer has 3 BV's. One for the staff, one for the machines and materials, and a management BV. The BV for personnel is almost empty, the BV for materials has a debt of more than 1.1 million, and I don't know yet about the management BV. So I'm afraid of the bald chicken that I can't pluck. Can I hold him personally liable after all the obligations that have not been fulfilled?

Lawyer

This depends on whether there is demonstrable mismanagement by the board, otherwise it becomes difficult. Should you require further assistance and/or advice, you may of course always contact me.

Lawyer

As long as your employer does not go bankrupt, you can hold him accountable. You can only hold him personally accountable if it can be demonstrated that he knowingly and deliberately entered into obligations, knowing that he could not meet them. This is usually a difficult process and does not quickly lead to a conviction.

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