{"product_id":"vragen-42929-mijn-vrouw-werkt-in-de-thuiszorg-haar-werkgever-zegt-niet-bij-de-cao-aangesloten-te-zijn-is-haar-w","title":"Legal Assistance with Home Care CAO Issues","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n My wife works in home care. Her employer says they are not affiliated with the CAO. Is her employer obliged to follow the sector CAO?\n\n My wife has an 18 hour contract per week and has been working on Monday \/ Tuesday \/ Wednesday for 7 years. Now she is sick on Monday and Tuesday. She has of course called in sick properly but is told by her employer that she is obliged to make up for these sick hours on other days. That should be in her contract.\n \nThis is practically impossible, however, as she has other activities on Wednesdays and Fridays. She is also forced to work on this Wednesday, while she is still sick.\n\n She is also obliged to report to the head office if she does not come to work on Wednesday.\n\n My wife is someone who always works hard and has only been sick once this year, so she is not someone who calls in sick all the time.\n\n What may an employer demand in this case and how can we best respond?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Sick = sick. During illness, one does not have to work or appear at the head office. If the employer doubts the illness or wants more information, he should contact the ArboDienst. This determines whether or not she is sick. Not the employer.\n\n Sick hours do not have to be made up on another day. She also does not have to work during illness (on a Wednesday).\n\n The collective labor agreement applies in 3 cases: \n1. the employer is a member of the contracting employers' association;\n 2. the collective labour agreement has been declared generally binding;\n 3. the applicability is stated in the individual employment contract.\n If not, your wife cannot rely on it.\n\n The employer must act as a good employer (article 7:611 Civil Code). I strongly get the impression that this employer does not do that. I therefore advise your wife to contact a specialized labor law attorney in the short term.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The CAO Nursing, Nursing Homes and Home Care has been declared generally binding. So the employer is obliged to follow the sector CAO.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55017752985949,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-42929-mijn-vrouw-werkt-in-de-thuiszorg-haar-werkgever-zegt-niet-bij-de-cao-aangesloten-te-zijn-is-haar-w","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}