What are my rights regarding payment during the probationary period if there was a racism investigation?

Questioner

I had started my new job at a baby group from 0 to 2 years old as a pedagogical employee. 16/10 was my 1st working day. I quote my contract: 'This employment contract is entered into for a fixed period and starts on October 19, 2023 and ends automatically without prior notice on October 15, 2024, unless written confirmation is given no later than one month before the end of this period that the employment relationship will be continued. This agreement has a mutual trial period of 2 months. This agreement can be terminated by both you and us in the meantime with a notice period of at least 2 months. Termination takes place at the end of the month.' A lot happened during the trial period. There were a number of inappropriate statements made in the group by colleagues. I made this known to the manager. Unfortunately, this was not immediately addressed. I also did not feel heard by the manager in other situations in which I sought rapprochement with her. When the statements continued, I asked the pedagogical coach for advice. The coach immediately picked this up, which meant that it was taken seriously. My manager had to be addressed several times by the coach before this was addressed. After the manager finally spoke to me about it, her main focus was to protect her position as manager. She did not agree that I did not feel heard by her, but indicated that she would now do something with the statements. I had also drafted an email. I indicated this to her, so that she also has something to hold on to in order to be able to read back all the incidents. She agreed with this. In this email, I also indicated that I was not satisfied with the lack of response to the situation. On Wednesday, November 29, I was removed from the group and the manager indicated that I would have a meeting with HR at 2:00 PM. Of course, I did not expect this and I was not told this either. During this meeting, my email and the incidents in the group were discussed. The manager then spoke, her focus was again mainly on her part of the conversation and protecting her position. Because I wanted to focus on the racist statements and the safety of the group. I apologized for how it could have come across to her and that I wanted to focus on the safety of the group and I was very shocked by this. After she had denied all her reactions, she apologized if I did not feel heard. HR concluded that they will start a racism investigation and will have conversations with colleagues in the group. Because of the right to be heard. She promised me that after this conversation I would not have to have any more conversations about this and only had to wait for the conclusion of the investigation. On Thursday, November 30, the deputy manager came to my group. 2 colleagues that I worked with that day, stood apart together and discussed something. When the deputy walked in, she said goodbye and then went to join the 2 colleagues. They stood together in the group next to it. This conversation lasted a while. Then the deputy went to the office and called me to come to the office. She then indicated that I had a choice to go to another location or to stay. Previously I was forced to go to another location due to staff shortage. She promised me that the next time the next person will have to go. She said she offered this because my colleagues feel uncomfortable with me and have to walk on eggshells because of the racism investigation. I don't have much typing space left, so I'll keep it short. She spoke to the manager. She gave me a few choices as an obligation to go home or to another location. then she forced me to talk to my colleagues to reassure them. I work Mon-Thu. Fri 1/12 Manager called me a few times and urgently asks me to come to the office. I'm free so I can't. She scheduled a final probation interview on Tuesday and Mon/Tue I'm out of the roster without mercy.

Lawyer

It is a complex situation that you describe and I am sorry that you have to experience this in your workplace. Racism is serious and can be a form of discrimination, which is prohibited under the General Equal Treatment Act in the Netherlands. Employers have a duty to ensure a discrimination-free workplace. There are a few things I would like to emphasize: 1) Payment during the probationary period: Under Dutch law, you are entitled to full payment of your salary during your probationary period, regardless of whether there is an investigation into racism or not. 2) End of probationary period interview: Although it is easier for an employer to terminate an employment contract during a probationary period, this does not mean that they can do so without motivation or on unlawful grounds. Racial discrimination is an unlawful reason. 3) Your rights during a racist investigation: During the racist investigation, you have the right to be heard. In addition, you have the right to be treated fairly and respectfully by both your employer and your colleagues. Given the complexity of your situation, I would encourage you to seek legal assistance to help you understand and defend your rights. The situation you describe could be a form of discrimination, workplace bullying or even unfair dismissal, and it is important that you take the appropriate steps to protect your rights. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.