Minutes & Final Settlement: Legal Advice
Questioner
At the end of my employment I had minus hours. I had indicated this to my manager. The answer was that I would have to work more. However, I simply followed the shifts in the schedule and did not go to work if there was no work. Now they are going to settle these minus hours in the final settlement. I work under the CAO Jeugdzorg. Is this allowed?Lawyer
Minus hours expire at the end of the calendar year. Please note: if you resign yourself, while you have minus hours, then your employer may offset these hours with your holiday rights and even with your salary. This is possible, if you fall under the collective labour agreement for the hotel and catering industry and resign in the middle of the year. As of 1 April 2014, the collective labour agreement for the hotel and catering industry will end. The law states that this may only be deviated from by collective labour agreement. Since the collective labour agreement ended on 1 April 2014, an employer can no longer offset minus hours on the basis of the collective labour agreement. As of 1 April 2014, the offset of minus hours is only possible in the case of a first contract between employer and employee for a period of up to six months. Also in a personnel, company or employment conditions regulation (avr) of the company or another employment conditions regulation (KHN) there can be no question of offsetting minus hours. The employer has a whole year to schedule you the correct number of hours. At the end of the calendar year the minus hours expire. Offsetting with time for time, varying from one month to as much as half a year after the end of the calendar year is not possible and is contrary to the law. If desired, you may contact me directly.Lawyer
IN ADDITION.....{Employment conditions 2016 1. If you are an employee on the end date of your employment contract or in a have worked fewer hours during a period of one year than the hours you (on average) agreed with your employer, then you have minutes accumulated. 2. If there are minus hours at the end of a one-year period, then can these be done in time for time within the next six months at the latest? overtaken. After that they expire. 3. Do you, as an employee, have minus hours when you terminate your employment contract? ends (while the average agreed hours are paid by your employer), then your employer may charge the excess settle paid wages in the final settlement. 4. If after this settlement the employer has a claim against you remains, then you must pay that debt within 2 months after the end repay your employment contract to your employer. Please note: If you have minus hours as an employee and you have terminated your employment contract terminated, then your employer must schedule you and work offer until the end date as far as that work within the company available. Your employer must take this into account the interests of any other employees.Neem de volgende stap
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