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What should I do if my employer wants me to sign a termination agreement?

If your employer offers you a proposal to end the employment contract, it is important that you don't just sign or promise anything. Because if you do, this can have serious consequences.
 
If the employment contract is ended with mutual consent, it means that you sign for your approval of the dismissal. Cooperating with your own dismissal can have negative consequences for possible unemployment benefits you may receive.
 
Ask your employer to put the proposal on paper, sign nothing and ask our lawyer to check the proposal first. She can make sure your rights are secured and also that you get paid what you should be paid and if applicable also assist you with getting a redundancy payment from your employer.
 
Subjects she will also address for example are payment of outstanding holidays, termination date, non-repayment of a study allowance, non-competition clause, outstanding bonus, options etc.
 
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Comments (2)
Comment by Kyu Lee on Sun, Jun 12th, 2016 at 11:46 AM
My fiancee has an employment contract that states they do not pay over time but they do not even pay straight time for hours worked that are overtime hours. Is this legal? They claim to write down the hours worked over for him to take as paid days off but they never give him the days off. Also if he is sick and goes to the doctor and doctor says stay home for set amount of days is it legal for the employer to call and harass him when he should be in bed resting? Is it legal for the owner or manager or their spouces to come to our home to harass us when he should be resting?
Comment by Arjan Enneman on Wed, Aug 10th, 2016 at 6:26 PM
In principle an employee should be rewarded for working overtime, though it depends on who‘s initiative led to the overtime. If his employer requested him to work extra then he should either be paid for the hours he worked or get additional holidays in return. You can check the applicable Collective Labour Agreement (CAO in Dutch) what should be offered by the employer. If your fiancee is ill then the employer can‘t just check whether he is really ill. In principle an external service provider (in Dutch "arbodienst") should take care of the checks. The court of justice already ruled that employers who check everything themselves can illegally intimidate the employee and get information to which they are not entitled to based on privacy law. So he doesn‘t have to accept how his employer deals with his illness.
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