Help with Wage Disputes - Rechtswinkel.nl


Questioner

My contract with my previous employer was not extended in April 2016. I had my third employment contract here over a period of exactly 2 years. In the month of May I still received money from them (holiday pay) but the 2 months after that deposits also came in. I also received June and July and then I called them to ask if this was okay. After extensive telephone and email contact, they want me to pay back a calculated amount. Only their calculation is completely wrong, because they do not include all the hours (and especially a lot of overtime) from 2014. This is because they no longer have those hours and they say they cannot find them. I do not agree with this, because 2014 is not being taken into account, so I have to pay back a lot more than I think is fair. I looked up all the schedules from 2014 and also emailed them to my old employer, but 'this has no legal leg to stand on' was the response. What should I do with this??

Lawyer

If you have performed work, you are claiming wages. This is also the case with overtime. You are within the limitation period of five years. I have experience with wage calculations.

Lawyer

What Mr De Jong states about the limitation period is correct. In addition, in my view, it also applies that if you can substantiate, using schedules etc., that you worked overtime in 2014 and how many hours, it is then up to the employer to demonstrate that your calculation is incorrect. The employer will then have to make his own calculation. If he does not come up with this, the employer is in principle obliged to pay you these overtime hours.

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