Legal section: Conflict about wage scale that is too low
A secondary school teacher of mathematics is rated lower than agreed. With the help of the AOb she comes to a compromise with her employer.
Picture: Type tank
After working for a number of years as a teacher of mathematics in secondary education, Ms Van Driel believes that the next school year is time for a new school. Plenty of vacancies and soon she has her first job interview. Both parties are happy with the cooperation and that is why a second meeting with the location director about the terms of employment is scheduled. In that conversation, Ms asks to be classified in LB7. She is now in LB4, but she also knows that there is a great need for mathematics teachers. The location manager indicates that this should not be a problem.
Other salary agreement
When Ms Van Driel receives her employment contract from the board some time later, however, it appears that she has been classified in LB5. Of course she turns to the board and indicates that she has made a different salary agreement. However, the board remains with the decision. There is no binding agreement and, moreover, the classification rules of the collective labor agreement have simply been followed. Inquiries with the site manager are also unsuccessful, as he says he does not remember making a commitment.
Mrs. Van Driel addresses the AOb and asks for advice. She gets this from an employee of the legal service.
Prove
De AObemployee explains that this matter concerns the question of what Ms Van Driel has agreed with the employer and whether she can prove the agreements made, now that the location manager denies having made an agreement. In addition, it is important with whom she has made arrangements. Not everyone is authorized to determine on behalf of the employer to which salary an employee is entitled. This probably also applies to the location leader.
Not everyone is authorized to determine on behalf of the employer to which salary an employee is entitled
Normally, an applicant conducts an employment conditions interview with the employer in which, among other things, it is agreed what salary he will receive. Subsequently, an employment contract is issued in which these agreements are included. This employment contract is signed by both the employee and the employer.
Correct
If the employee receives an employment contract in which the agreements made have not been correctly recorded, it is important to discuss this again with the employer to have this corrected. If the work has not yet started, it is wise not to sign the employment contract and not to start the work until this is arranged.
If the work has not yet started, it is wise not to sign the employment contract and not to start the work until this has been arranged
If the employee and employer cannot reach an agreement together, it is important for the employee whether he can prove that he has made an agreement with the employer that he would receive a higher salary. Subsequently, it can be considered to initiate legal proceedings against the employer. Since this will not always benefit the mutual relationship, this option is generally not preferred.
Since Ms Van Driel could not prove the promise and did not want to run the risk of a disruption in the working atmosphere, the lawyer contacted the board to find a solution in mutual consultation. Since the board wanted to employ this teacher anyway, it was decided to rank Ms. Van Driel in LB6. She agreed with this proposal.
