Employer lets you make up for lost hours during trial period?
Questioner
I have a new job that I don't like and I want to leave. I'm still in my probationary period, so I should be able to leave if I want to. But now I have already built up minus hours in my probationary period (not many), but I have to make these up in my probationary period, so I can't leave yet. Is this just possible? I probably got a contract, of which they can't make the hours in practice, so they should have offered me a contract for fewer hours, in my opinion. How does this work?Lawyer
A trial period gives both the employee and the employer the opportunity to terminate the employment contract immediately, if they come to the conclusion that the employment relationship does not work after all. This means that you are not obliged to make up for minus hours during your trial period. There are a few caveats to this rule, however. First, your employment contract may contain something different. It is therefore important to check your contract to see if there are any specific conditions for terminating the contract during the trial period. Secondly, although you can build up minus hours during your probationary period, this may not result in you falling below the minimum wage. If this is the case, your employer is acting in violation of the Minimum Wage and Minimum Holiday Allowance Act. Thirdly, if you build up minus hours during your probationary period because your employer does not let you work enough hours, then you could argue that your employer is responsible for these minus hours. However, this depends on the specific circumstances. It is therefore important that you discuss your specific situation with an employment law specialist. An employment lawyer can advise you on your rights and obligations in your specific situation, and advise you on possible steps you can take if you experience problems with your employer.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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/disclaimerTake the next step
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