Employee poorly informed about rights when fired – these are things to watch out for

Many employees do not know what they are entitled to if they are fired. This is apparent from research by legal aid insurer ARAG. For example, 30 percent of Dutch people with a paid job do not know that they are entitled to a transition payment. And 13 percent do not know the dismissal rules in their own employment contract, according to the ARAG survey among more than 2000 Dutch people. If you are older than eighteen you are in many cases entitled to a transition payment. Even if you are still in your probationary period or if your temporary contract is not extended. Since 1 January 2020, you are immediately entitled to a transition payment if the employer terminates the employment. For everyone, you accrue a third monthly salary per year of service. “The transition payment is an important right, originally intended for further training in the transition from work to work,” says employment lawyer Sandra Bonestroo-van Zon of ARAG. “Although the compensation is also often used as a financial aid to get through a possible period without work.”

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Legal assistance with dismissal

Nearly half (49 percent) of those surveyed indicate that they seek legal assistance in the event of a dismissal or termination of employment. 43 percent do this in the event of a disagreement about the payment of wages, holiday pay or overtime.

It’s good to check your vacation days and the notice period anyway, lawyer Suzanne Knottnerus told Business Insider earlier. You may be able to take vacation days on top of ‘work exemption’, she tipped. With exemption from work, you leave before the end date of your employment. According to ARAG lawyer Bonestroo-van Zon, there are “huge differences” per age category when calling in legal aid. “For example, only 27 percent of Dutch people aged 18 to 24 are willing to seek legal help in the event of dismissal. This is already 57 percent for Dutch people over 45 years old.”

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More than a quarter of those surveyed (28 percent) say they don’t even consider legal aid when it comes to employment. “A shockingly high percentage,” says Bonestroo-van Zon. “However, if an agreement between both parties seems impossible, it is always important as an employee to be legally informed.”

And that while in some cases legal aid is included in the process. If the employment is terminated with a settlement agreement (vso) by mutual consent, you will receive a termination proposal. This usually states that the employer pays to have it checked by a lawyer, Business Insider previously wrote.Among young people this is even 37 percent. Not only is there ignorance in the event of dismissal or termination of the contract, 14 percent of the Dutch are also unfamiliar with his or her rights to unemployment benefits. This is even a quarter among young people under the age of 24.

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In addition to a transition payment, you are also entitled to unemployment benefits if the employment is terminated through no fault of your own. You can be employed in many ways: with a permanent contract, temporary contract, flex contract (temporary or zero hours contract) or you can still be on a probationary period. In all cases, you are entitled to unemployment benefits if you meet the conditions, Business Insider previously wrote. In the event of dismissal, you are in principle entitled to unemployment benefits for a minimum of 3 months to a maximum of 2 years. The exact duration depends on your employment history.

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Author: Jobly