I have received a VSO without a compelling reason, what are my rights?

Questioner

In 2022, I started a traineeship at XYZ BV for youth counselor. I completed the traineeship and received a permanent contract at XYZ BV. However, I still had to follow an evc trajectory after completing it for my SKJ registration. This started in May 2023 and I had until December 2023. I was seconded by XYZ BV and had an assignment at Leiden until December 1, 2023. However, due to private reasons, relationship ended, parents seriously ill, I have not yet completed my evc trajectory. I have been granted an extension for the evc trajectory. Only Leiden did not agree with this and did not extend the assignment. Now XYZ BV wants to part ways with my employer with a settlement agreement. I do not agree with the vso, I would like to stay. They want to part ways. And I do not agree with the vso. I would like help with this. Verbal commitments have been made, but they have not been implemented. The email I received back from XYZ BV: Thank you for your email. For a vso we need to keep at least one month as a notice period. This is the case now, the date is therefore set to December 14. You still have vacation days that you can have paid out. If I set the date to January 1, these vacation days will expire because you are exempt from work. We would both have preferred that you could still work at de Leidse, but because you did not keep to the agreement regarding the EVC process, de Leidse is unfortunately forced to stop your assignment as of December 1, 2023. If you would like that, I will change the date for termination of employment to January 1. Your vacation days will then expire. (I am covered by the ABU collective labor agreement for temporary workers. My salary is classified in the youth care collective labor agreement scale 9. VSO was sent on 13-11. Vacation days are not included in vso, and now I get the answer that I am exempt from work and have to hand in my vacation days, my agreement does not state anything about this if I am exempt that I have to hand in vacation days) We have not spoken verbally about a transition payment. (Transition compensation is not included in VSO) I have left the training costs out of the vso for you. You still owe 40% of the costs (at €2400). Because I want to accommodate you, I am letting this expire. You did not complete the EVC trajectory as agreed during your assignment at Leiden, which is why these costs are for your own account. If you do complete your EVC in the meantime, then that is for your own use and you can of course still obtain your SKJ registration with it for a future job on your own initiative. Unfortunately, this is no longer of added value for XYZ. (EVC costs are included in the training costs. Conditions from training agreement: In the event of termination of employment and/or premature termination of your training, we will (partially) recover the student debt we have taken over in accordance with the criteria in the traineeship agreement. Training costs must be fully (100%) reimbursed if: trainee terminates the traineeship before the training component has been successfully completed, for which reason the traineeship deviates from Article 1 paragraph 7 - trainee does not enter into employment with the employer after completing the training component as referred to in Article 1: - the employment contract between trainee and employer ends at the initiative of trainee within 6 months after the employment agreement: -employer terminates the employment contract with trainee within 6 months after commencement due to an urgent reason as referred to in article 7:677 paragraph 1 in conjunction with 7:678BW The training costs must be partially reimbursed if: - the employment contract between trainee and employer is terminated at the initiative of trainee, or - the employer terminates the employment contract with trainee for an urgent reason as referred to in Article 7:677 paragraph in conjunction with 7:768 of the Dutch Civil Code

Lawyer

Navigating such a situation can be challenging, especially when there are personal factors at play that have affected your performance at work. However, there are some key points we can discuss here. 1. **Settlement Agreement (SSA)**: In the case of a SSA, it is important that you agree with the terms that have been proposed. If you do not agree, you do not have to sign anything. It seems that XYZ BV wants to terminate the agreement via a SSA instead of via a dismissal application to the UWV or the subdistrict court. Such an agreement must be carefully examined and it is advisable to seek legal advice before signing anything. 2. **Vacation days**: It seems that your employer is trying to push you towards a quick termination and that you would lose your vacation days. However, it is important to realize that accrued but not taken vacation days must in principle be paid out at the end of the employment contract, unless another arrangement has been made (for example in the collective labor agreement or employment contract). 3. **Transition payment**: As far as the transition payment is concerned, even if it has not been discussed verbally, you are in principle entitled to transition payment if you have been employed for two years or longer. It seems that this is the case in your case. So it should be included in the VSO. 4. **Training costs**: In general, training costs can only be reclaimed if this has been agreed in advance in a training costs clause, and it seems that this is the case. However, if the employer initiates the termination of a contract themselves, they usually cannot reclaim the full training costs. Therefore, they will probably offer to waive the training costs. Of course, this is just a general estimate based on the information you have provided. Every situation is different and can depend on specific details. That is why it is always a good idea to consult a legal advisor. They can assess what is best for you based on all the relevant information. ---------------- 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.