Zakelijk, Arbeid, Schade
Particulier
Can employer take legal actions for not serving minimum tenure?
I am an expat and I have been working for more than a year having indefinite contract. I notified my resignation in the mid of March 2023.
My employment contract has these termination terms.
1. This agreement can be terminated with a 2month notice after completion of 18 months of service with employer by the employee. If the employee decides to leave without serving required months, the employee must compensate the employer with last withdrawn salary for the remaining months. However, the management reserves the right to relieve you from your services by waiving off the notice period. The employer can terminate the contract with one month of notice to the employee.
2. This Agreement may, immediately and without notice or indemnity, be terminated for serious cause. Any violation of the provisions of this Agreement as well as any behaviour qualified as serious cause in the work regulations shall be, among others, considered to be serious causes.
3. If the employee decides to terminate the employment agreement within 18 months of commencement date, then the employee will compensate the organisation for the recruitment, onboarding and all relocation costs and, if any costs paid to the employee by the company like travel, fees, accommodation, training etc. The compensation amount is at discreet of the management. However, the management reserves the right to relieve you from your services by waiving off the compensation.
My employer asked me to pay the 5 months of salary plus the other onboarding, recruitment, visa and travel costs if I am not serving the minimum tenure of 18 months with the organization and intimated me that they withholded my April 2023 Salary.
So, I have sent mail stating that,
1. As per the dutch law, 1 calendar month of notice period is applicable. I have already served the notice period of 1 month from March 2023.
2. I am ready to work until the end of May 2023, provided that I receive my April salary and other pending reimbursement items today, and my May salary at the end of that month. If not, I will not be available to work from May 1st, 2023, as I have notified my resignation one calendar month in advance, as required by Dutch law [7:672].
3. Also FYI, I have 18 annual earned leaves.
4. Additionally, I am willing to return the assets to the client and the employer, and I await further instructions on returning the assets.
On 1st May 2023, I have surrendered my assets to the client directly and my employer as I have served the notice period of 1 calendar month as per Dutch law and did not receive my salary for April, nor any instructions on how to surrender my assets. Also sent the confirmation mail to the client for surrendering the assets.
But my employer is asking me to send the apology mail to the client for surrendering the assets and The employer mail states below:
We are really unhappy about you have chosen such an unauthorized exit from the organization. Your unprofessional and unethical behaviour is resulting in willful insubordination.
Please note, You also have initiated the exit communication with the client before any conclusion on your resignation decision agreement. Your behaviours and procedures are regarded as gross misconduct and grounds for disciplinary action for which you are making yourself liable for necessary legal actions.
Also, we would like to bring it to your notice that considering this is an unauthorized exit, we are not in any situation where we can accommodate any preconditional expectations from your end. If you have any to say further on this we should be happy to discuss it with you post your apology email to the client looping us in cc for the misconduct and concerns caused by your unethical behaviour.
Please clarify on the below points.
1. Will I be faced with legal actions on taking the initiation to surrender my assets to the Client?
2. Advice on next steps?
3. Will there be any issue on the future employment?
My employment contract has these termination terms.
1. This agreement can be terminated with a 2month notice after completion of 18 months of service with employer by the employee. If the employee decides to leave without serving required months, the employee must compensate the employer with last withdrawn salary for the remaining months. However, the management reserves the right to relieve you from your services by waiving off the notice period. The employer can terminate the contract with one month of notice to the employee.
2. This Agreement may, immediately and without notice or indemnity, be terminated for serious cause. Any violation of the provisions of this Agreement as well as any behaviour qualified as serious cause in the work regulations shall be, among others, considered to be serious causes.
3. If the employee decides to terminate the employment agreement within 18 months of commencement date, then the employee will compensate the organisation for the recruitment, onboarding and all relocation costs and, if any costs paid to the employee by the company like travel, fees, accommodation, training etc. The compensation amount is at discreet of the management. However, the management reserves the right to relieve you from your services by waiving off the compensation.
My employer asked me to pay the 5 months of salary plus the other onboarding, recruitment, visa and travel costs if I am not serving the minimum tenure of 18 months with the organization and intimated me that they withholded my April 2023 Salary.
So, I have sent mail stating that,
1. As per the dutch law, 1 calendar month of notice period is applicable. I have already served the notice period of 1 month from March 2023.
2. I am ready to work until the end of May 2023, provided that I receive my April salary and other pending reimbursement items today, and my May salary at the end of that month. If not, I will not be available to work from May 1st, 2023, as I have notified my resignation one calendar month in advance, as required by Dutch law [7:672].
3. Also FYI, I have 18 annual earned leaves.
4. Additionally, I am willing to return the assets to the client and the employer, and I await further instructions on returning the assets.
On 1st May 2023, I have surrendered my assets to the client directly and my employer as I have served the notice period of 1 calendar month as per Dutch law and did not receive my salary for April, nor any instructions on how to surrender my assets. Also sent the confirmation mail to the client for surrendering the assets.
But my employer is asking me to send the apology mail to the client for surrendering the assets and The employer mail states below:
We are really unhappy about you have chosen such an unauthorized exit from the organization. Your unprofessional and unethical behaviour is resulting in willful insubordination.
Please note, You also have initiated the exit communication with the client before any conclusion on your resignation decision agreement. Your behaviours and procedures are regarded as gross misconduct and grounds for disciplinary action for which you are making yourself liable for necessary legal actions.
Also, we would like to bring it to your notice that considering this is an unauthorized exit, we are not in any situation where we can accommodate any preconditional expectations from your end. If you have any to say further on this we should be happy to discuss it with you post your apology email to the client looping us in cc for the misconduct and concerns caused by your unethical behaviour.
Please clarify on the below points.
1. Will I be faced with legal actions on taking the initiation to surrender my assets to the Client?
2. Advice on next steps?
3. Will there be any issue on the future employment?