Legal assistance in the event of an employment conflict with your employer?

Questioner

On 23-11 I was informed by my manager that I would be removed from my position. What had happened before this was that I had sought help from a third party because I was not receiving the right guidance and support from my manager to become more proficient with my task package/activities. I have been employed by the employer since April 2023. I have a one-year contract as a project administrator and was almost immediately put to work as a project controller. This is not what was agreed: I would start as a project administrator and I would be guided to grow further as a project controller. After months of indicating to my manager and others that I lacked the right guidance and support, without getting the desired result, I had sought mediation to find a solution together. The result of this was my 1st sentence above. In the meantime, there was also intimidation, bullying and teasing, and my manager gossiped a lot about me. Vacancies have now been advertised for a new project controller and an assistant project controller. I could not stay in the department and within the organization they would look for an alternative because my potential is seen and they do not want to lose it. Unfortunately, I have been talking to the employer for more than a month now, raising situations, etc. regarding the behavior of my manager (unhealthy working environment, ignoring and increasing bullying) but in my opinion they are doing very little about it. As a result of which I had reported myself sick since 6-12-23. In a conversation with the company doctor, she advised me to hire an employment lawyer to look at the situation with me. She also advised to demand solutions from the employer; 2 scenarios that clearly outline how the employer wants to accommodate me in this. If I stay, what will that look like and if I decide to close the book after the many events, what will that look like. Unfortunately, I just found out that I had not taken legal assistance for work and income because I am a member of the FNV. The latter is aware of the situation and a case handler has been assigned. However, the company doctor told me that she would rather advise me to consult an employment lawyer because they look much further than the union. Given the situation, I started searching the internet for options and possibilities and ended up at www.rechtswinkel.nl Unfortunately, I cannot explain the entire situation in 4000 words, but I hope that this summary makes it somewhat clear what is going on. I also hope that there is a lawyer who could help me or advise me on this whole thing.

Lawyer

First of all, I am really sorry that you are going through this situation. Unwanted behavior from managers and colleagues can have a huge impact on your well-being and your performance at work. Depending on the specific type of contract you have with your employer, you may want to consider several legal steps. First, it is always advisable to document all incidents and collect evidence, such as emails or other forms of correspondence. If the harassment and bullying continues, you may have laid the groundwork to file a case of “unwanted conditions at work” under Article 7:658 of the Dutch Civil Code. Additionally, under Article 7:682 of the Dutch Civil Code, you may be able to claim “fair compensation” if the termination of the contract is primarily attributable to your employer. Secondly, there may be an ‘entrepreneurial agreement’, which would mean that you are a kind of self-employed person within the company and have some degree of autonomy and control over your work. While this kind of arrangement can give you flexibility, it can also leave you vulnerable to abuse and exploitation. Seriously consider consulting an employment lawyer or attorney who specializes in employment law to guide you through this complex situation. Because every situation is unique, it is important to get professional legal support. I hope this information helps you a little. Remember, don't stand alone, there are professionals who can help you get through this difficult time. ---------------- 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.