- May 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Situation Overview
I started working at a Dutch company in November last year and in June I signed a permanent work contract. They are unhappy with my performance and want me to resign. They offered that I work until December and get January off while I look for something else. I want to reach an agreement with them but I feel like what has been offered does not make up for what I’d be giving up by resigning.
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The AI Legalese Decoder can help analyze your contract and employment situation to provide you with a comprehensive understanding of your rights and options. It can also determine the timeline and compensation owed to you if you refuse the agreement and choose not to resign. By utilizing the AI Legalese Decoder, you can make informed decisions regarding the proposed offer from your employer.
### Request for Detailed Information
I would like to know what the timeline and compensation owed to me would be if I refuse any agreement and choose not to resign, so I can better assess their offer. It is important to note that I have not agreed to anything yet.
### Additional Context
For additional information, I had a performance review at the end of July, where I was informed that the company was not satisfied with my performance. I had another meeting this week where they made the proposition.
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****** just grabbed a
Let them build a case or start a performance improvement plan….they will need concrete proof that they tried to address their issues with you fairly. Otherwise they will have a bad day in court.
Start looking for another job on their time.
Do NOT resign. You will lose any rights to unemployment benefits.
You are in the best position you can be to negotiate a reasonable exit package.
With a permanent contract, they can only fire you for the following four reasons:
1. You accept to be fired, implying a mutual agreement to terminate the contract (DO NOT DO THIS).
2. The company is suffering substantial financial loses and cannot afford to keep you on the payroll. They would have to show proof of this to the district court where your employer is located. (I ASSUME THIS IS NOT APPLICABLE IN YOUR CASE).
3. You have been sick for two years or more (NOT YOUR CASE)
4. You committed a gross negligent behaviour/crime at your workplace, think of theft, fraud, etc. (DOES NOT SOUND LIKE YOUR CASE).
If none of the above applies, your employer’s only legal way to fire you is to demonstrate that you cannot and do not fulfill the role properly. This implies building up a “dossier” on you. This is called firing for “personal reasons”. Usually, a district court requires that an employee is provided with formal written warnings of their work conduct. One warning is not enough. Multiple warnings should have been issued and your employer is also required to demonstrate with facts that you cannot perform. This is usually very difficult for employers to do. It can take ages for them to gather the evidence. Unless of course you do really visibly suck at your job, but I am giving you the benefit of the doubt here.
Now let’s talk numbers. To fire you on personal grounds, your employer will need to hire an attorney at law to manage the whole process at the UWV and the District Court. In my experience, the fees from the lawyer can range between €5,000 to €12,000 depending on the case. Further, your employer will have to continue paying your salary until the case is settled by the UWV. This means that on top of the lawyer, your employer also has to incur your salary costs. In total, firing you for personal reasons will cost your employer between €8,000 to €25,000 (can even be more). These are ballpark estimates, as I do not know what your current salary is.
What I would do in your position? I would tell the employer to pay me a gross lump sum of €20,000 – €25,000 (again, based on my assumption that you earn around €3,000 – €3,500 gross per month. If you earn more, ask for more). They will withhold around 49,5% wage tax on that, leaving you with a net payment of around €10,500-€13,000.
This would save your employer and yourself time and mental energy.
Otherwise, just have him go through the Court process and await what happens. You will likely win based on the facts you mentioned. The process can take from 1 to 6 months, so you’ll have plenty of time to look for something else in any case.
Succes!
So, in June they offer you a permanent contract (while they could have extended a temporary one) and in July they want to fire you, right?
I think it will be very difficult to convince the court of your bad performance.
As for your rights; as has already been explained you don’t have to accept any settlement right now and you should consult a lawyer right away to guide you through what follows.
As for your performance; do you agree with the feedback or not? Do you feel that you’re fully equipped to do the role or not? Have you been 100% truthful in your CV and during the interview process, or have you painted a somewhat brighter picture of yourself than you maybe should have?
You don’t have to answer these questions here, but answer them for yourself, and discuss those answers with your lawyer.
The reason I put this forward, is because this may impact the outcome of the procedure. As they haven’t been happy with your performance almost from the start of your employment, they could potentially build a case around you having applied for a role that you weren’t capable of doing, and that may shift some of the blame to you.
Your question includes a reference to The Netherlands, which has its own legal advice subreddit. You may wish to consider posting your question to /r/JuridischAdvies as well, though this may not be required.
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It’s important to get a lawyer in this case. They can either negotiate a settlement or go to court for you.
What’s your field?