{"product_id":"vragen-9066-geachte-heer-mevrouw-mijn-dochter-werkt-bij-cooep-supermarkten-op-de-vestiging-in-doesburg-zij-h","title":"Legal Assistance in Labor Disputes","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Ir\/Madam,\n\n My daughter works at Coöp supermarkets at the Doesburg location. She has an employment contract for an indefinite period for 8 hours per week.\n\n This month she received her pay slip which only showed 19\n \nhours over the past month, while she should have been paid 32 hours every 4 weeks based on her employment contract.\n\n My daughter was told by her boss that she had worked too few hours in the past month and that she no longer had sufficient ATV to offset against her salary.\n\n I have a few questions:\n\n - Does the employer have the right to deduct ATV hours or offset them against the number of hours that she was unable to work through no fault of her own?\n\n - Is the employer obliged, on the basis of the employment contract, to pay my daughter for 8 hours per week, regardless of whether she has worked or not?\n\n -Does the employer have the right to write off ATV\/leave without consultation to compensate for hours not worked?\n\n Yours sincerely,\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The Collective Labour Agreement for the Food Industry applies to this employment contract:\n\n http:\/\/www.coop.nl\/files\/Local\/Algemeen\/Documenten\/Werken%20bij\/Superbedrijven%20 Arbeidsvoorwaarden\/CAO20102011levenstoffenbedrijf.pdf\n \nTo give a proper answer to these questions, I actually need to have seen the employment contract.\n\n Based on your information that your daughter has a permanent contract for 8 hours per week, I can already say that she should be paid for those 8 hours no matter what. The employer can schedule ATV hours, if necessary to 'fill' the hours that your daughter was unable to work (the reason why she was unable to work could also be relevant). However, the CAO does set limits to scheduling ATV, for example with regard to time saving. You can check this yourself via the link above.\n \nIt is normally not possible to force an employee to take vacation hours to compensate for hours not worked. After all, the starting point is that the employer determines the vacation hours in accordance with the wishes of the employee, unless there are situations in which the company's interest must prevail over the (vacation) interest of the employer. Too little work available is not such an exceptional situation, a mandatory company closure can be.\n\n I hope this has provided some clarification.\n\n Kind regards,\n\n\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear Mr. ten Brinke,\n\n Thank you for your answer to my question.\n\n Just to add, my daughter works as a helper.\n\n What is the right way to approach the employer and encourage him to pay the salary to which he is entitled without causing a conflict?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThat is difficult to say. You will have to make it clear somehow that you have had this investigated, I think. If this employer has a HR department, you can of course also go there.\n\n Success!\n\n Kind regards,\n\n\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55019145593181,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-9066-geachte-heer-mevrouw-mijn-dochter-werkt-bij-cooep-supermarkten-op-de-vestiging-in-doesburg-zij-h","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}