Zakelijk, Arbeid, Schade
Particulier
Legal Consultation Inquiry for 13th-Month Bonus and Employment Matters.
Specifically, I have concerns regarding the requirement to be employed in December for bonus eligibility, potential violations related to sick leave, the company's policy against discussing salaries with colleagues, and allegations of breaching confidentiality.
I would greatly appreciate a brief call or virtual meeting to discuss these matters and explore the legal avenues to secure my entitlement to the 13th-month bonus.
Thank you for your time and guidance.
Generally, in the Netherlands, there is no legal entitlement to a 13th month's pay, but this could be stipulated in your employment contract or collective labour agreement (CLA). If that is the case, further terms and conditions will be outlined there.
By and large, it's not legally permissible for an employer to prohibit employees from discussing their salaries amongst themselves in the Netherlands, as this could be seen as a violation of freedom of speech.
Regarding sick leave, it's important to note that employees in the Netherlands are protected during their absence due to illness. If you felt unfairly treated during your sick leave, this could be a serious concern.
When it comes to potential accusations of breaching confidentiality, a lot depends on the specific circumstances and what is detailed in your employment contract or any other agreements you had with your former employer.
Although this is a general advice, it would be suitable to consult a solicitor or attorney to explore your unique situation. They possess the in-depth knowledge and vast experience to assess your specifics.