Looking for legal assistance in employment disputes?

Questioner

I work for a Chinese subsidiary company in the Netherlands. Now I am in China. Now I have a labor dispute with the company, can you help me, as described below: 1. In the contract, my salary is 5008 per month, but the company did not pay me as contract, they pay me through CHINESE bank account and salary (it is about 2000 Eur per month), So no matter how much salary I get from Dutch bank account, they will decrease from my Chinese bank account the salary 5008 Eur. Below is the contract content: Salary 5.1The Employee will receive a gross monthly salary of EUR 5008, on the basis of a 40-hour working week. The gross basic annual salary thus amounts to EUR 60096 gross. 2. The company asks me to work overtime without any payment. All overtime required by the company is free of charge, and no additional overtime pay is paid. I work overtime for at least 6 Saturdays or Sundays. The company did not pay any overtime work. 3. The company did not pay me vacation salary according to the contract. I have 20 days of vacation every year, and the company does not pay me paid vacation according to the European salary standards. 4. Because I do not recognize the company's salary payment, I question the legality of the company's salary payment. The company has now sent me back to China, and without prior notice, the Chinese company unilaterally announced my dismissal without paying any compensation. 5. The company discriminates against its employees, and Chinese employees often work overtime and cannot receive any labor compensation. My real salary is approximately 2000 euros. How can I obtain legal assistance? I am very helpless now and I do not understand Dutch law. I have not lived in the Netherlands for a long time. I only know English and cannot speak Dutch. I hope to receive your help! The attachment is the labor contract, just for your reference.

Lawyer

I understand that you are in a complex situation and I will do my best to provide advice based on the information you have provided. Please note that this is a generic assessment based on Dutch law. It may be relevant in your case It is advisable to seek specific advice from a qualified lawyer or attorney who has experience in international employment law matters. 1. Regarding your salary: Based on what you indicate, there appears to be a breach of the employment contract. In the Netherlands, an employer must pay the agreed salary - as laid down in the employment contract - in full. It appears that your employer is not adhering to this. 2. Overtime: Dutch labor law is clear that overtime in many cases must be compensated by means of wages or time off. If you are forced to work overtime without compensation, this may be a violation of the law. 3. Vacation days: In the Netherlands, every employee is entitled to at least four times the number of hours he/she works per week as vacation hours. This amounts to 20 days per year for a full-time employment contract. These days must be paid according to the normal salary. If this does not happen, then this is again a violation. 4. Unfounded dismissal: Dismissal law in the Netherlands is strict and an employer cannot simply dismiss someone. It appears that your employer has dismissed you unlawfully, which may lead to an obligation to pay compensation. The first thing you can do is contact the Legal Desk. They can give you free legal advice. You can also consider hiring a lawyer who specializes in labor law. It may also be useful to report your situation to the SZW Inspectorate (formerly the Labor Inspectorate), especially given the potential discrimination and violation of the Working Conditions Act. You may also be able to seek help from your union, if you are a member. Please remember that this is general advice and may apply to you. However, it is always advisable to seek expert legal advice, especially in your situation with legal issues that have international elements.' ---------------- 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.