Legal assistance with employment law questions | Legal Aid

Questioner

Dear Sir/Madam, A brief overview of the situation: I've been ill for 25 months now, and I have a permanent contract for 40 hours per week. I currently work 16 hours per week and am 60% (temporarily) incapacitated for work. I receive a WGA benefit for this. I'm having another operation soon, and I expect to be fully recovered afterward and able to work full-time again. However, my employer has decided to change my contract hours; instead of a 40-hour contract, it will be 16 hours per week. Is this just fine? And, if I recover after my operation, will I still be entitled to unemployment benefits for the remaining 24 hours, in addition to my 16 hours of income? (As long as I don't find a new 40-hour per week position elsewhere?) (The WGA benefit will, of course, be cancelled because I'm better). I would be pleased to hear your response and advice. Regards

Lawyer

No, that's not possible. What your employer is doing is unacceptable. I therefore advise you not to agree to anything and to seek legal assistance. If you simply agree to this partial dismissal, you will lose any benefit entitlements. Your employer should also be aware of this and should come up with concrete proposals, such as a termination agreement with pro forma dissolution through the subdistrict court or applying for a dismissal permit from the Employee Insurance Agency (UWV). If you would like more information or assistance, please feel free to contact me directly. Employment law is my specialty, and I am happy to assist you.