Rechten bij werkcontract in Nederland


Vraagsteller

Background: My Partner was offered employment through a recruiter here in the Netherlands with a large, international bank. He received a letter of offer and a job description as part of the offer with the contract 'being finalised'. They organised relocation services and flights to the Netherlands for us, temporary accommodation - the works. He followed up weekly on the employment contract (over the last 2 months), to no avail. We have now landed in the Netherlands and are being provided all the relocations services. He has started work, without a contract, the company only now realising they made a huge technical error in processing his hire. It also states that if he is eligible for the 30% ruling, which he is, he will lose holiday allowances and the 13th-month salary. He had accepted the role factoring this in as apart of his earnings based on what he was told by the company and recruiter. The contract also states that if he leaves within the first 12 months he will need to pay back all of the relocation costs. (upwards of 30k) Question: What rights does he have in negotiating the contract? What if he refuses to sign? Will he have to pay back these costs?

Jurist

Due to Dutch law a person can make a mistake in the facts doing an offer ( in this case an offer for a job) . One could accept this offer and truley beliefs there is an agreement on the bespoken matters.. This can be caused by lot a things, but one of them is one of the parties knows less, is a foreigner and does not understand the language or the system, there is lack of time., there is a difference in power between parties. But makes that the offered false facts are right and are accepted , so there is a agreement on them. The facts in the job offer al belong to the agreement, are valid and there is a breach of contract when there are not in written now, it will be great if you have evidence in e-mail, or a witness . You can try to negotiate further the terms and conditions.

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