14 years a permanent contract of 30 hours


Questioner

I have had a fixed contract of 30 hours per week for 14 years. For 14 years I have had 2 fixed evenings that I also work. Working the extra hours is mandatory under penalty of dismissal. On Monday and Wednesday 12 hours, the other days, Thursday, Friday, Saturday, 8 hours. That makes a total of 48 hours. Sometimes a client cancels an appointment at the last minute and these hours are not paid. (deductible, so to speak) I also do not receive any additional vacation hours or vacation pay for the extra hours worked. In case of illness or as recently during the lockdown, the 30 hour contract is used. Other hours are not counted. Mandatory attendance at work meetings, but these hours are not paid. At the request of an adjustment of the contract regarding the hours, you guessed it... dismissal in one way or another or make it very difficult for me. We will soon have a mandatory meeting where we will probably be told that we have to work even more hours. You've probably already guessed it: we'll make it very difficult for anyone who doesn't participate. Resigning is difficult because of my non-compete clause. What are my rights, what is the best way to act? Kind regards,

Lawyer

This employer is really going overboard. You have so many questions that I advise you to contact a specialized labor law attorney (member of a specialized association) as soon as possible, such as me. Often the first consultation is free, such as at my office. You have (much) more rights than the employer assumes. Especially now that the WAB has been introduced on 01/01/2020. It is therefore good to discuss your problems/questions with an expert. That can save you a lot of money. Given the threat of dismissal or making things difficult for you, it might be a good idea to join forces with your colleagues. Such a threat is, however, contrary to good employer practices and will be severely punished by the judge. An idea to (secretly) record the work meeting?

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