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30% ruling and moving allowance


Question:

I‘m working in NL from 5 years and I have 30% granted. Now the company where I‘m working wants to apply new rules for people with 30% granted: if you move closer to the office by your own initiative or by company request you are not entitled for moving allowance if you have 30% granted. From my point of view this is not fair. Can you give me advice please? Thanks in advance.

Answer:

Employee benefits are part of the contract which you agreed with your employer. Your employer can‘t just single sidedly change these benefits and put you in a worse situation. Your employer must have very good reasons to do this, a financial gain is not a good reason. Besides that your employer will have to discuss the change with you and request your approval. Any change should at least be reasonable. Check whether your employment contract contains an article which makes it possible for the employer to change the benefits at a later date.

Contact the work council in your company and ask them to defend your position. If you don‘t agree and your employer still wants to reduce your benefits you can always go to court, but this will not improve the relation between yourself and your employer. So discussion is the first step and contact with the work council.

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Comments (1)
Comment by dobrin nedelchev on Wed, Apr 10th, 2013 at 2:48 PM
hello again,first thanks for the answer,is very helpful.the company is changing the text in the personnel manual, but the rule (to not have moving allowance if have 30% rule) is already real.from 1.5 years the company is not paying moving allowance to people with 30% rule.this is what i have in my contract regarding the company rules:"furthermore the following regulations and conditions apply, as they are currently used by employer, or to be used in the future. the regulations are:- lnternal company rules, as agreed or to be agreed upon in the manualconditions of employment and personnel rules" the woco are not familiar with 30% rule and they will investigate (i hope soon).i believe that if the company want to change (remove) this benefit for group of people the woco should approve it.is this correct?best regards,dobrin
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