Unemployment benefits and employer responsibility - Legal aid centre


Questioner

I have been unemployed since December 1, 2012 and have applied for unemployment benefits. Now I have received a letter from the UWV stating that I am not entitled to them. I called them and asked for an explanation. Now it turns out that my old employer has registered me as an intern instead of a pedagogical employee in training. This is a significant difference, since I worked 30 hours a week and received a full salary. Now I can only receive unemployment benefits if the premiums are paid. Now my question is, do I have to pay them myself or can I blame my ex-employer, since they have admitted that the fault lies with them and not with me.

Lawyer

Dear questioner, I assume that you have an employment contract that includes your job description and your gross salary. I advise you to send a copy of this contract to your contact person at the UWV with an explanation of the termination and a request for reconsideration. Your ex-employer is responsible for the payment of employer contributions and will therefore have to pay these (as yet). It is advisable to inform your ex-employer in writing of this course of events and to protest against it to be on the safe side. However, the failure of your ex-employer cannot, in my opinion, affect your right to benefits.

Questioner

So if I understand correctly, I can expect my ex-employer to pay the premiums that they have not paid. And to arrange this as soon as possible, so that I am entitled to unemployment benefits..?

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