Client terminates assignment verbally if self-employed person does not


Questioner

I work as a self-employed person and have an agreement stating that both parties have a notice period of 2 months and that the notice must be given in writing and by registered mail. I was only told verbally that I will no longer be scheduled (there is already another employee) and that this will take effect from 1 January. Can the employer simply ignore the agreement and what should I do?

Lawyer

It appears that the principal is in breach of the agreement by terminating it verbally instead of in writing and by registered mail. It seems wise at this point to take steps to protect and enforce your rights. Firstly, I would advise you to request written confirmation of the termination. This will make it harder for the client to later deny that the termination took place. In this correspondence you can also express your dissatisfaction with the manner of termination and appeal to the terms in your agreement. Additionally, you may consider sending a letter to your client stating that they are in default due to breach of the termination terms within the agreement. State here that you expect them to adhere to the agreed terms, including the two-month notice period. Preferably take this action under the guidance of a lawyer or attorney to ensure that it is done legally correctly. Also keep in mind that you may be entitled to a severance payment, depending on what is stated in your contract or what is customary in your industry. In any case, given the complexity of this matter, it is advisable to seek legal advice to ensure you follow all steps correctly and your rights are fully protected.' ---------------- 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 I would like to invite you to rate the above answer so that we can learn from your response.

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