Questions about employment law? Get free advice!

Questioner

I have a few questions about my work and contract. First of all I have been working at a company for 3 months now the atmosphere is terrible everything has to be done and you get nothing in return. First of all they asked me if I wanted to work next Sunday not my regular working day I already have plans and now they want to make it mandatory to work that day is this allowed? Secondly we now have 3 hours of training every week without compensation can this be made mandatory? And thirdly I am now working on a new job in my contract I can't find anything about a notice period I have a contract of 8 months, can you always resign?

Lawyer

Working on Sundays may be necessary for certain professions (catering, etc.). However, this is done in consultation and the employer cannot force the employee to do so. If the employer has a good reason and it is really necessary for the employee to work on Sunday, then the employee is expected to agree to this (good employment). However, it must be examined whether this request can be reasonably requested from the employee (double reasonableness test from the Mammoet/Stoof ruling). What you have planned is important in this respect. Reimbursement of training depends on a number of factors. First of all, it is important to check whether a collective labor agreement applies. This often already contains rules regarding training. If there is no CAO applicable, we must check whether the 3 hours of training must be followed during or outside working hours. If it is during, the employee is usually already paid for his 'hours' by means of daily wages. Outside working hours, certainly if it is every week, one can think of paying the overtime in money or free hours. However, an employee must take into account that the training benefits his/her function and that he/she must agree to this based on the concept of 'good employeeship'. If nothing has been agreed, the statutory notice period of 1 month applies.

Questioner

Thank you very much for your response. Now I have heard from hearsay that if you have a contract for a certain period, and there is nothing in your contract mentioned about a one month notice period, they can oblige you to serve those 8 months. If you do not do that, they can ask for compensation (your monthly salary x the number of months that you still have to work) for the remaining months that you still have to work. Can this be true or does it really have to be stated in your contract that you are not allowed to cancel? I have copied below what is stated in my contract. Duration of employment contract The employment contract has been entered into for a fixed term of 8 months. The employment contract ends automatically, without any notice being required, after 8 months have elapsed.

Lawyer

The following applies to a fixed-term employment contract ('temporary contract'): 1. This contract will expire automatically after the end (in your case 8 months); 2. expire by operation of law means that no notice is required. However, the employer must give written notice at least 1 month in advance whether or not he wishes to extend the contract); 3. there may be an interim termination option in the contract. If so, a notice period applies. If not, you and the employer cannot terminate it in the meantime; 4. the employee can always leave. if you do so in violation of the contract, the employer can claim damages. You state the calculation of the amount correctly; 5. Of course, you and the employer can, if you have another job, consult about a severance arrangement. In that case, I advise you to contact a specialized labor law attorney as soon as possible.