Legal advice: Pay vacation days at the end of employment
After two years of illness, Rachel says goodbye to her college. She has written off all her vacation and public holidays during her illness, while otherwise agreed in the collective labor agreement. The AOb intervenes.
Rachel, who works as an education support assistant, has been employed by a large university of applied sciences for years. Unfortunately, she will become seriously ill in 2020. After a period of illness of two years, she is completely rejected by the UWV. She contacts the legal service of the AOb to assist her in the termination of employment.
The lawyer of the AOb takes over the contact with the employer. Rachel's employer leaves the AOb want to negotiate a settlement agreement. A normally relatively simple and quick way for employer and employee to say goodbye to each other after two years of incapacity for work. In such a settlement agreement, the employer and employee agree, among other things, on what date they will terminate the employment and what the final settlement will look like.
Strange
When checking the settlement agreement, the lawyer of the AOb up something strange. What seems? Rachel's employer has a rather strange holiday policy. Rachel's employer writes off all holidays and public holidays for employees who have reported completely sick, while the collective labor agreement and the law really prescribe something else. This is because they are based on a recording by the employee and not on a timetable by the employer.
The lawyer of the AOb writes Rachel's employer about this and an email exchange follows between hr and the AOb. Ultimately, Rachel goes from a negative leave balance to a positive balance of approximately 400 hours. This results in a financial windfall of almost 17 thousand euros gross.
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