Legal advice on dismissal and employment contracts


Questioner

Dear lawyer, I recently found another job and I informed my current employer. I said that I would start working at my other job from August and that I would no longer be available to work from then on. In July I was still scheduled because this schedule had already been issued. I would still resign but only when I was sure that I liked my other job enough. Now I am suddenly out of the roster for the entire month of July. I have not heard anything about this from my manager, I happen to know because it was passed on by colleagues. My question now is whether they can just do this? They did this without consultation, without reporting anything and certainly without my approval. The only reason I know is because I heard it from a colleague. I would love to hear from you! Thanks in advance.

Lawyer

What is best in your situation depends on the type of contract and the number of hours you have worked in the last three months. As an employee, you can enforce working the hours according to the contract. Based on the legislation, you could even now obtain an employment contract for the hours you have worked in the last three months. If you wish, you can contact us without any obligation.

Questioner

Dear Wijnand, I have a 0-hour contract and have worked approximately 65 hours for my employer in the last three months. I have already found another job, so claiming an employment contract for the average hours is not necessary for me. All I want is to be paid for the hours of July. I was scheduled for much more than the average 65 hours in July, but since they took me off I can't claim those scheduled hours anymore? It really will be the 65 hours that I can claim?

Lawyer

You can only enforce the 65 hours by claiming a contract with the average hours. I advise you to convey to your employer that you can claim the hours by means of an employment contract. If you approach this tactically, you can still get along with your employer in July and receive wages for 65 hours. If you wish, you can contact us without any obligation.

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