Legal Advice on Employment Contracts

Questioner

My 16 year old daughter has signed an employment contract (signing date March 31). The agreement states that the effective date is March 1, 2016. She worked hours in March, but signed so late because there were questions. The employer now indicates that he received the agreement on April 1 and can then arrange the payroll tax, etc. as of that date. She will not be paid for the hours worked in March, because this would be undeclared work. What is the legal effective date of the agreement? The effective date stated in the contract? Or the signing date?

Lawyer

In principle, your daughter has an employment contract with her employer from the moment she starts working. The only problem is that if she wants to claim wages, she must be able to prove that she has worked there. The fact that the employer claims that this is undeclared work is really a topsy-turvy situation. A petition can be used to urge your daughter's boss to pay out the money. That often makes enough of an impression

Questioner

Things are getting more and more annoying with this employer. She was commissioned to edit photos and delivered the result, so that's enough 'proof' that work was done. He also used these photos on his website. The agreement will state a name and Chamber of Commerce number, which is written out by the Chamber of Commerce. The website with this information is still in use and also contains the written out KVK number. In the meantime he has also created a new website, which lacks the KVK and VAT number. We indicated that we were done with this gentleman (communicated in a very polite manner, using only the word angry) and that he could keep his money. Then suddenly the gentleman says that he doesn't think it's right that he's being accused of making excuses and that I get an email from his lawyer. That doesn't really scare me, but it does make me even more frustrated, because we are not doing anything wrong. Everywhere. In February he instructs my daughter to edit photos and that she will be compensated for it. Then in March he sends an agreement with a starting date of March 1 and states that he cannot pay in February because this would be undeclared. Then in March he orders the editing of the second sets of photos. My daughter signs the agreement late (March 31) and I forward it on April 1. He then indicates above that the agreement will not take effect until April 1. When he is called to order, he indicates that he does not have my daughter's IBAN number. We submitted these on February 2. When we point this out to him, he says that he has not filled out a time registration form. We cannot find anywhere that he sent them, but my daughter did submit the total hours at the end of February and the end of March. Then he suddenly says that this must be done before 5 p.m. on the 20th of every month, otherwise he can no longer process this for payroll tax purposes. For my daughter I would like her to be paid, but this takes so much energy that we literally indicated that he has his affairs in order and that he can also pass this on to the lawyer and that my daughter has now worked for nothing and I wish him the best.

Lawyer

If it concerns a contract of assignment and your daughter exercises her profession, then there is an obligation to pay wages. This is also stated in the law. If you wish, I will review the agreement. To ensure that your daughter gets paid, I can send a petition to her ex-employer. She must then be able to prove that she carried out the assignment (but I understand that the images have been published).