Legal assistance with employment transfers
Questioner
Dear reader, I have been working for a company for almost 11 years. Within this company, my tasks have grown over the years into a much broader function with a corresponding salary. Now the company will be taken over and I have been told that I have to prove my capabilities elsewhere in a basic function (2 hours extra travel per day). If I do not want this, they want to 'pay me for a month to find something else'. Everything shows that the solution is to get rid of me. My departure leaves a hole in the current company that needs to be filled and the location where I have to go has no vacancies at all. I do not want this. Do I have any rights in this at all?Lawyer
YES, you certainly have rights. In the event of a transfer of undertaking, your employment contract is transferred. This includes all additional tasks/authorities that you actually performed. If the employer wants to offer you another, suitable position, he must consult with you. If this consultation fails, he must go to the UWV or the subdistrict court to (be able to) dismiss you. If you also want to leave, you can enter into a settlement agreement. Given the length of your employment, you are entitled to a transition payment.Questioner
Sorry I should have been more specific. The position is theoretically suitable as my job description was never written down. My main objection is that it is 60km away from my current work environment.Take the next step
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