Is it wise to submit a correction request to the UWV for hours worked by my former employer?


Questioner

I will soon lose my job and apply for unemployment benefits. Last year I was unable to work due to circumstances, but I was able to work for the 9 years before that. Now I saw to my surprise that the year 2017 does not count as employment history. According to the information known to the UWV, I do not meet the 208-hour standard. This is because my employer (apparently) indicated at the time that I would have worked very little. At the time I was studying and also worked 1-3 days at the local market. I was paid everything in cash and had a 0-hour contract. I think I worked an average of about 15 hours per week (and should therefore easily meet the 205-hour standard). Of course I should have paid attention to this myself and asked about it, but I never received a pay slip. I thought 'it's okay, no news = good news'. That naivety and ignorance now means that I can only receive 3 months of unemployment benefits instead of 9. Of course, I have approved my tax return and therefore my income myself and have therefore also 'agreed' to the annual statement as submitted. So I have no proof such as a pay slip (although I do have an old agenda and enough people who can confirm that I was there more than once a week). Would it be wise to submit a correction request for this and how would I be able to prove this? Of course I don't want to get into trouble myself and I don't want to harm my former employer with this. It concerns 15 hours until I meet the 208 hour standard on paper and can therefore look for a new job or start a study myself with a lot more peace of mind. I hope for advice that I can use! Thanks in advance! Kind regards

Lawyer

It sounds like the employer has accounted for many hours and therefore paid them out in cash. If you want to be entitled to unemployment benefits for longer, you will have to be open with the UWV. If you have declared all income to the Tax Authorities, you run no risk. After all, you have paid sufficient tax. I think it is wise to contact a specialized lawyer (labor law or social security). Often the first consultation is free

Questioner

Dear Mr. van Deuzen, Thanks for your answer! I also did not report my income correctly to the tax authorities at the time. I received an annual statement with a total amount that matched the data from the tax authorities and I also agreed to this (stupid!). Never recalculated or kept track of my payments. Do you think it is still useful to pursue this or is the risk of getting into trouble because of this too great? I also do not want to stab my former employer in the back. I never did this with bad intentions (I would not have exceeded the tax-free standard anyway), but that is of course also difficult to prove. Kind regards

Lawyer

If you want longer WW, I advise you to provide the correct information. Upon submission, they will do (further) research. If they find out, you will be further from home. Now you can still say that you were in good faith and did not know. The employer has deliberately paid you black (criminal act). Or you explicitly agree to this (both wrong). Or you pay white. Something else is sewing someone else an ear.

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