Legal Assistance with Dismissal and Employment Rights
Questioner
Dear, I am currently working in a catering establishment and wish to terminate my contract in order to find work that fits within my education. I have written a letter of termination, stating that I intend to terminate my current agreement, taking into account a one-month notice period and stating the reason stated above. My employer has indicated that he does not agree with my dismissal and wants to hold me to my contract, which runs until November 1st. My future employer obviously does not want to wait that long and expects that I can simply start there in a month. Now my question is whether my current employer can simply ignore my request for dismissal? The contract states that departure is arranged via the CAO Horeca, and this would require one month's notice. Another reason why I want to leave is that we have been working with only one day off for the past few weeks. And this raises a second question: aren't employees simply entitled to two days off per week? Due to busy periods, an exception can sometimes be made, but the 6/7 regime has been in place since the end of June. These are days of at least 9 hours, so this is starting to really take its toll. The employer explains it as a result of not being able to find staff, and that for that reason everyone has to work extra. But I have to be honest and say that we as staff don't have to suffer as a result.Lawyer
What does the employment contract stipulate regarding interim termination?Questioner
Dear, There is nothing specifically stated there, only that the interim resignation applies in accordance with the Horeca CAO. And the fact that the contract ends by operation of law without any notice is required, but that of course applies at the moment the agreement expires, which is on November 1. Do you know how it is arranged with days off in one week? This week too, there is only one day of rest. But it is arranged again that I have to work until late the day before my day off, and the day after my day off I have to open the shop again, so in other words: I have almost no use for this day off.Neem de volgende stap
Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.