Salary refund after termination within notice period?

Questioner

On September 1, I started working in home care with a one-year contract for 24 hours a week. On September 22, I submitted my resignation after agreements were not met. The problem was that I didn't get my 24 hours per week, but I was scheduled for several days, which made it feel like I was working a lot for few hours. I was also going to do a training course, which was expected to start at the beginning of September, and they also took this into account with 4 hours per week. The school indicated that they would start later, on September 28. I immediately passed this on because then I would also be available for work on the 'school day'. However, these days were not scheduled by the schedulers. In the job interview, when I discussed these doubts regarding hours and routes, it was indicated that I could then work longer routes, so that I did not have to work many days to get my hours. When I mentioned this again in week 2 to my team leader, the solution was a smaller contract. I did not accept this because my intention was and is to work 24 hours a week. Eventually I received my salary for the entire month with the message that they would calculate how much I would have to pay back. Two weeks later I received a salary specification at home with only amounts, few specifications and in my opinion too high an amount. Now the question remains that my previous employer and I are currently discussing: are they allowed to include my minus hours and claim back my salary, or do they have to pay me for the 24 hours of each week? The previous employer indicates that they work according to an annual hour system and therefore do not actually have to pay for 24 hours every week because I did not work there for a whole year. I would like to know what my rights and obligations are regarding this unpleasant situation. I understand that I have to pay money back and I will respect that. But of course what they should actually get back.

Lawyer

It is understandable that this is a complicated and unpleasant situation for you. It seems that your employer uses the so-called 'annual hours system'. With this system, the number of hours to be worked is spread over a whole year. This means that sometimes you work more and sometimes less, depending on the work that is available. What is important is what your contract says about your working hours and what happens if you work less than contractually agreed. If your contract states that you work a certain number of hours per year and you have worked less, it is possible that your employer will claim this money back. In this case, the employer must be able to prove that there was enough work for you. However, if your contract states that you work a fixed number of hours per week (in your case 24 hours), the situation is different. In that case, your employer must pay you for these hours, even if you have actually worked less due to the lack of work. The employer may not then recover the hours not worked from you. This all very much depends on what is in your contract, and it may also depend on whether a collective labor agreement applies. I would advise you to seek legal advice and have your contract reviewed by a specialist to determine what your rights and obligations are in this situation.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.