Legal assistance with employment contracts and vacation days


Questioner

More than a year ago I entered into an employment contract for a minimum average of 6 hours per week. This concerns an all-in salary, so worked (over)hours, holiday pay and days. After 8 months the number of contract hours was increased to 24 hours per week. The employment contract is very brief and no collective labour agreement applies. A month before the employment contract would expire I was told that the contract would not be extended and that I would be exempted from work. This was because this could possibly affect the atmosphere on the work floor and I could look for other work. I would be paid for the last 2 months (salary was a month behind). This was all verbal, nothing is on paper. In both payments, too few hours were paid out. I contacted the employer about this, who told me that I had, as it were, taken vacation days, which I had already received earlier. As far as I know, an employer is not allowed to simply deduct vacation days. In addition, my (approved) vacation was only planned for the following month, so not during the month in which I was exempt from work. In addition, I read everywhere that exemption from work falls under the employer's risk and that there is therefore retention of salary, including the accrual of vacation pay and days. In this way, I pay for my exemption myself. Normally, the outstanding vacation days are paid out with the final settlement. This has already been paid out monthly to me, but I do not see any difference in this. I have already been to the Legal Desk for this, where 3 employees told me that this is not allowed. The Legal Desk then referred me to a lawyer, from whom I was eventually told that this is allowed. I then asked why my case is different, but it has still not been clearly explained to me. What I gathered from this is that the vacation days are not added to the contracted hours and that these hours may therefore be deducted. I cannot accept this because I keep hearing and reading contradictory things, so I hope I can get a clear answer here.

Lawyer

Whether it is recorded or not, you are still entitled to the wages that you have agreed upon. The employment contract is simply valid. Holidays are in principle yours. At the end of the employment contract you can have them paid out. I have worked with argumentation before.

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