Previous employer not paying overtime?

Questioner

I started working for a new employer on October 1st. Now I have over 160 hours of overtime outstanding with my previous employer. I am not being paid for these hours. According to my previous employer I am not entitled to them. Now I have looked at my contract and collective labor agreement and according to the collective labor agreement I should be paid for my overtime upon termination of employment. The contract at that time does not specifically state anything about paying for hours other than that in my position at that time 'the employer can offer more or fewer working hours each week in deviation from the number of basic hours, but this must be within the bandwidth applicable in the collective labor agreement'. In addition, the contract states: 'with regard to employment conditions that are not expressly stated in the employment contract, reference is made to the collective labor agreement.

Lawyer

According to the information you provided, your collective labor agreement states that overtime should be paid upon termination of employment. It seems that, despite what your former employer says, you may still be entitled to payment for your overtime. The provision in your employment contract that non-specific employment conditions refer to the collective labor agreement could also work in your favor. Given the complexity of employment law issues, it is advisable to seek legal advice to assess whether you can take steps to claim this payment. In the first instance, it may be useful to contact your former employer in writing to set out your claim for overtime pay, referring to your collective labour agreement and employment contract. If this does not lead to a satisfactory outcome, it is advisable to contact a lawyer or attorney for further advice and possible next steps. If you have legal expenses insurance, you can also report this matter there.' ---------------- 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/disclaimer