Dispute Final settlement employment contract


Questioner

On November 30, 2023, I submitted my resignation, stating that an expected final settlement of approximately €123, including accrued holiday pay (€75.32) and compensation for 6 overtime hours (€48.6). To my surprise I only received €10, considerably lower than expected. When asked, the employer stated that the difference was due to the recording of too many days off, which I was not aware of. The latest balance information I received on September 22. At that time it was stated that after my day off on the 23 September a shortage of -7 hours had arisen, which was cancelled due to illness. It now turns out that there is a shortage of -12 hours. The unexpected change in balance has significant implications for my final settlement. I am of the opinion that insufficient and untimely information about my days off and balance has led to the significant difference in my final payment. What can I do about this?

Lawyer

If you do not agree with the calculation of your final bill, you can follow the steps below: 1. Consult with your employer: Discuss the matter with your employer first. There may be a misunderstanding. Try to find a solution. If you cannot reach an agreement, you can consider the following steps. 2. Written request: Let the employer know in writing that you do not agree with the final settlement and ask him for an adjusted settlement. Explain why you think the calculation is incorrect. Give your employer a reasonable period to respond. 3. Filing a complaint: If the employer ignores your request or you disagree with their response, consider filing a complaint with the employment tribunal. This process can be complex and it may be useful to hire a lawyer. In your specific situation, the dispute may also relate to whether you were informed in a timely and clear manner about your vacation hours. If you believe that this was not the case, this may also form part of your claim against your employer. If you were to bring this case before the courts, please be aware that the judge's decision will depend on the specific circumstances of the case, including the burden of proof. Therefore, it would be advisable to seek legal advice before taking any action. ---------------- 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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