Do you have a conflict with your employer about certain terms of employment or are you faced with a transfer or job change that you are not keen on? Or has your employer resigned? An employee often thinks that the exercise is over, but in reality the legal position is stronger than thought. Therefore, please contact us for legal assistance from one of our employment lawyers in the event of a labor dispute. With a total of more than 80 years of joint experience, we work in a targeted manner and try to resolve your conflict as quickly as possible.
The labor dispute
A labor dispute is a broad concept. It could be something small s as a disagreement with your boss, but also more radical such as a transfer, change of function or even dismissal. Often these kinds of conflicts are already resolved with a good conversation in which clear agreements are made. However, opinions may differ so much that more is needed. This can cause a lot of frustration and stress, which of course does not benefit your performance in the workplace.
For example, industrial disputes may include:
- A feature change
- A transfer
- Disputes regarding overtime, holidays or sickness
- Conflicts over salary, bonus or other remuneration
What are your rights in the event of a labor dispute?
Part of the employment contract is that you do what your employer instructs you to do. However, this should be reasonably expected of you. There are certain radical topics that you do not simply have to agree to. For example, a job change or transfer. If this is explicitly stated in the employment contract, your employer may do this unilaterally, without your permission. This is called the change clause.
Furthermore, it is not allowed for your employer to just fire you without prior warning.
How is the labor dispute resolved?
In the event of a labor dispute with your employer, it is important to seek legal help as soon as possible, especially before responding to a formal letter from your employer. Never sign a termination agreement just like that. One of our employment law specialists can clearly explain your position in the conflict and what your rights and obligations are. This increases the chance that the conflict will be resolved in harmony.
Dismissal is often the most far-reaching labor dispute. On an emotional level because of the stress and uncertainty that it entails. Financially because of job insecurity. Because of this, it is essential to know how to respond adequately to possible dismissal.
There are a number of legal reasons that an employer can invoke for dismissal. These will be discussed step-by-step below.
Dismissal for economic reasons
There are various reasons for a dismissal for economic reasons. Think of a bad financial situation, automation, company closure or an acquisition. The UWV will ask you for a response to your employer’s request. Make sure that you substantiate the defense well and have it checked by an employment law specialist.
If your employer’s request is approved by the UWV, you are often entitled to a transition payment. It is important that you must request payment of the transition payment within 3 months. After this period, the right to it lapses.
Instant dismissal is a drastic measure for both employee and employer. There is no longer a notice period and the payment of wages will be stopped immediately. As an employee, you are no longer entitled to unemployment benefits. An employer cannot simply switch to instant dismissal. This requires a serious reason, such as:
- work refusal
Your employer is obliged to immediately report the reason for the immediate dismissal. Do you disagree with the decision? In that case, you must appeal the decision to the subdistrict court within 2 months of the dismissal. You can then demand that the dismissal be annulled or, for example, demand a transition payment if you already have another job.
Dismissal for personal reasons
This can happen if your employer comments on your performance and could in some cases lead to actual dismissal.
It is important to know that your employer can never just fire you. If you do not agree to the dismissal yourself, your employer can apply for a dismissal permit from the UWV. However, this is only possible for business economic reasons or long-term incapacity for work. If there are other reasons for dismissal, your employer must go to the subdistrict court to request that the employment contract be dissolved. This is often a much longer and more expensive process for the employer. Therefore, never sign a settlement agreement that is offered to you without first seeking legal help. You are a lot stronger than you think!
The settlement agreement means that you will receive an offer from your employer to terminate the employment contract with mutual consent. As an employee, you are often made a reasonable offer in this, so that the employer can avoid a much more expensive and lengthy lawsuit.
In short: In all situations as mentioned above, there is only an imminent dismissal. Actual dismissal is a lot more difficult for your employer. Therefore, make sure that you contact one of our employment lawyers in good time to increase your chances that it will remain even in the event of imminent dismissal.
Dismissal for long-term incapacity for work
If you are incapacitated for work for more than two years, you can request your employer to terminate the employment by mutual consent. Your employer is then obliged to cooperate and to pay a transition payment.
The lawyers of Arslan Lit Advocaten have extensive experience in handling employment law cases on behalf of employers. For questions about what Arslan Lit Advocaten can do for you, please email us ( firstname.lastname@example.org ) or call us on 020 223 24 66. We are happy to assist you.