Legal Assistance with Sickness Benefits Act and Zero-Hours Contracts

Questioner

I have a zero-hours contract (deferred performance obligation) now I had an accident and am on sick leave my boss does not want to pay me sick leave money I work on a regular basis, namely every Monday and Friday and I replace my boss when he is on holiday I worked once more on Monday and then I had an accident on Thursday which means I can no longer work I had three weeks of holiday before my fall but I get an hourly wage including holiday pay and days I have searched on several sites, also via UWV, they say that he has to pay, but another says that it is not necessary? What do you think about this? Can you help me further?

Lawyer

Depending on the circumstances, you can claim a number of hours with statutory sick pay, holiday pay, leave, etc. If you have been working for this employer for (much) longer than 3 months, there is a legal presumption of the working volume of the average number of hours of the last 3 months. The employer can only refute a claim if he can demonstrate that the extra work is only temporary (for example due to a specific project or seasonal pressure). Please note: Other agreements may apply regarding additional work, as laid down in, for example, a collective labour agreement or employment contract or company regulations. This concerns Article 7:610b of the Dutch Civil Code: If an employment contract has lasted at least three months, the agreed work in any month is presumed to have a scope equal to the average scope of the work per month in the three preceding months. Labor law is my specialty and I am happy to help you with this. Please feel free to contact me without obligation.

Lawyer

In addition to the otherwise good advice from my colleague Mrs Doomernik, I would like to point out that if the employer does not pay and someone else is liable for your accident, you can also claim damages from that person or his insurance company because you are unable to work. I specialize in employment law and personal injury cases and please feel free to contact me without obligation if you have any questions about the accident.