Resigning? Important information & advice

Questioner

Is it correct that if I resign immediately, my extension month will also expire?

Lawyer

That is only true when there is an 'urgent reason'. In that case, there is no notice period. You can leave immediately. An urgent reason is something that is so bad that you cannot be asked to work there for 1 minute longer. For example, the employer has hit you or the employer has sexually intimidated you. If there is no urgent reason, a notice period of 01 month applies. If you do not observe this, the employer can claim compensation.

Questioner

Well, it's like this. I was at home from 16 November with a burn-out and I made the decision for myself to resign because I didn't want to work the night shift anymore. So I resigned immediately on 21 December. Now I know that I actually have to work a month off, but I was at home and was unable to work that month off. But I didn't receive a salary at the end of January while I was on sick leave. So they say no, you are not entitled to that because if you resign yourself, your working month will expire. Is this correct?

Lawyer

If you resigned on 21 December 2018, you must observe a notice period of 01 month. The employment contract then ends on 01 February 2019. It also depends on what exactly you said? If you resign during illness, you will no longer receive wages. The UWV will also not award sickness benefits. They consider this a 'detrimental act'. Unemployment benefits will also become a problem. I would like to point you to the last paragraph of my previous response. I think it would be wise for you to speak to a specialized labor law attorney in the short term. Depending on your income/assets, you may also be eligible for legal aid -> see the website of the Legal Aid Board.