Shift allowance on Employer's Declaration

Questioner

Good day, my question is as follows (mortgage). My employer refuses to mention my shift allowance on the employer's declaration, even though I have been working in shifts on a structural basis for more than 2.5 to 3 years. The amount of the allowance is also the same every month, but I do not receive any cooperation from the company. A few people did get it after a lot trouble.

Lawyer

A shift allowance may be stated on the employer's declaration. If you have an indefinite-term contract, the mortgage provider will be more likely to grant you a mortgage. An allowance that is part of your salary also entitles you to continued payment of your salary, including the allowance during leave. If you wish, you can contact us without any obligation.

Lawyer

If the employer wants to issue the statement, he should do so as completely as possible by stating all salary components. If he does not do this, he can be blamed for this in the event of a dispute that may arise. I advise you to report this to your employer (preferably in writing) and point out the necessity, while also referring to other colleagues who have received it, without putting the relationship on edge. Incidentally, a bank does not have to include the shift allowance (in full) in the calculation for the mortgage. For more information or further assistance, you can contact me directly free of charge.

Lawyer

Your employer is required to provide an employer's statement. In it, you point out his legal obligation under article 7:655 BW and state that he is liable for damages in the event of failure to do so. You also warn him that in that case you are considering taking legal action. The employer is obliged to provide the employee with a written or electronic statement containing at least the following information: a. name and place of residence of the parties; b. the place or places where the work is performed; c. the employee's position or the nature of his work; d. the time of entry into service; e. if the agreement is concluded for a fixed period, the duration of the agreement; f. the entitlement to holidays or the method of calculating the entitlement; g. the duration of the notice periods to be observed by the parties or the method of calculating these periods; h. the wages and the term of payment and, if the wages depend on the results of the work to be performed, the quantity of work to be offered per day or per week, the price per piece and the time reasonably involved in the performance; i. the usual working hours per day or per week; j. whether the employee will participate in a pension scheme; k. if the employee will be working outside the Netherlands for a period longer than one month, also the duration of that work, the accommodation, the applicability of Dutch social security legislation or a statement of the bodies responsible for the implementation of that legislation, the currency in which payment will be made, the allowances to which the employee is entitled and the manner in which the return is arranged; l. the applicable collective labour agreement or arrangement by or on behalf of an authorised administrative body; m. whether the employment contract is a temporary employment contract as referred to in Article 690.