Have you been fired or will your contract no longer be extended? In that case, you are in principle entitled to a transition payment (also referred to as severance payment). A transition payment is a financial compensation that the employer must pay if he no longer extends your contract or fires you. If you resign yourself, you are in principle not entitled to a transition payment, unless there is a serious culpable act/omission on the [...]
An employment contract can end in several ways. This is the case, among others, when an employer and an employee enter into a settlement agreement. But what should be in such an agreement? And what are your rights and obligations? You can read more about that in this blog.
How do you get your salary if your employer is obliged by UWV to continue paying wages for a longer period?
If an employee becomes ill, the employer must pay the salary for up to 2 years. If the employee is still ill after 2 years, the employee can apply to the UWV for disability benefit (WIA). Sometimes the UWV will not yet process this application because the employer has not fulfilled his obligations. UWV then decides that the wage payment obligation will be extended. So what should an employee do? How do you ensure that you still receive your salary?
Dutch entrepreneurs can set up a foreign legal entity such as the English "Limited" (Ltd.) with which they are only active in the Netherlands. Sometimes it concerns entrepreneurs with a history of fraud or bankruptcy, who - not for the first time - do not fulfill their obligations. What if you have money from such a limited and the company does not pay? Can you go to the Dutch court to file for bankruptcy or do you have to conduct expensive proceedings abroad?
Given the strict legal protection of employees in the Netherlands, many employers prefer to work with freelancers as they cannot claim status as employees. On the other hand, whether someone is or is not an employee is determined by law; the client and the freelancer do not always have the right to define the legal status of their relationship. Legal advice is essential to avoid problems relating to tax and social premiums. Employment law varies [...]
The statutory scheme assumes that the employee is entitled to the "wage guarantee scheme" if the employer has an inability to pay. In a bankruptcy declared at the request of the employees, this is automatically the case. Very occasionally, there is also an inability to pay without bankruptcy. For example, in the case of a foreign-based company or in the absence of support claims. But in any case, the UWV wants the employees to take action to collect their salary claim. This will almost always have to be done through a lawyer. Only a lawyer has the legal powers necessary to bring the case to a successful conclusion without loss of time.
The dismissal law would become simpler. Therefore, the petition procedure would become the rule in dismissal cases. But in labor law, many cases still remain that begin with a subpoena.