Je bekijkt nu Your employer fails meeting the notice period: Seeking compensation

Your employer fails meeting the notice period: Seeking compensation

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What Are The Rules? Your employer has an obligation to notify you timely if your employment contract will be terminated or continued. You may find the notice period explicitly stated in the contract or employment or it is set forth in the Collective Labor Agreement (CAO) for your sector.

In the event that your employer fails to apply the given notice period, this may result in the employer having to pay compensation. Compensation will amount to what you would have earned had the notice period been applied.

For example, if a one month notice period is explicitly stated in your contract of employment, this means that one month prior to the end of your contract, your employer has to indicate in writing, stating clearly if he intends to continue with the current arrangement or and this.

The notice period equally applies if the terms of your employment contract clearly spell out the duration of your employment.

However, in certain cases the employer does not owe you any compensation; in case of bankruptcy, in case of suspension or payment or debt restructuring.

Lastly, the employee must claim compensation within two months after it is due, otherwise, the entitlement to the compensation will expire.

If you need expert counsel on your current employment status, don’t hesitate to contact us at 076 596 89 62 / 06 11 25 51 82 or contact us via our e-mail address