Do you receive VSO if your employer is underperforming?

Questioner

If you underperform at your employer, you will receive a VSO. What if your employer is underperforming? Things are happening in the company now that I don't want to associate my name with. I want to leave, taking into account the notice period. Am I entitled to VSO?

Lawyer

Unfortunately, there is no right to a vso. If you want to leave as an employee, you can always terminate your employment contract. Unfortunately, when terminating your employment contract, you are not entitled to, among other things, unemployment benefits. So if you are not yet a new job, that does not make much sense. If your employer does things that are unacceptable, there is still a possibility to file a dismissal request with the court. If it then turns out that your employer has ignored all the rules, there is a chance that you are entitled to unemployment benefits, but guarantees cannot be given for this route. You can also talk to your employer and see if there is a possibility to still say goodbye with a vso. A vso is always a document that must ultimately be established by mutual consent. If your employer does not want to cooperate with a vso, then unfortunately you cannot enforce this. If you want to, then you can always contact them.

Questioner

Now I have given notice to my employer. In doing so, I have taken into account a two-month notice period, resulting from the agreement in the employment contract to follow the collective labor agreement in this. He is so angry that he now wants me out of service as of June 1st and does not want to pay for those two months. He says that as an employer he does not have to agree to these two months and does not have to adhere to them. I have indicated that I will simply be available for work for the next two months, but he indicated that he will probably no longer use me. Because he does not keep his agreements and does not take ATW into account, I want to leave the company. Monday I have to report by phone whether I agree. I do not want to do it by phone and I do not agree. What to do now?

Lawyer

Given the question and the follow-up questions I still have for you, I think it would be wise for us to contact you about this tomorrow. You can contact me via boksjuristen.nl. I would like to help you further because what your employer is doing here is not correct. I look forward to hearing from you.