The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: you are unsure whether you are getting paid enough. What can you do about it?
The problem
Our member has been working as an all-round maintenance employee at an employment agency since January 30, 2023. At least, that's what it says in her employment contract: in practice, she works as a security guard, through an intermediary. She has a temporary contract with a non-competition clause that ends after one year, with an hourly wage of
€14,16 excluding holiday allowance. According to her agreement, this would be comparable to the hirer's remuneration and the wages of others in the same position. Only: our member finds out that colleagues fall under the Private Security Collective Labor Agreement and earn more.
In addition, our member structurally worked 2,25 overtime hours per week and she had agreed that she would be free on weekends. But in January 2024, she was suddenly scheduled to work on weekends and could not take her overtime. When she complained about this, the intermediary fired her. Moreover, she was not paid her remaining wages.
The principle
You are entitled to what is stated in your employment contract: from the salary to the number of working hours. As a temporary worker, do you have the necessary diplomas to fall under the Private Security Collective Labor Agreement and do you work as a security guard? Then the agreements in the collective labor agreement may apply to you.
This has De Unie done
We have informed the employer that our member has not received enough salary and holiday allowance since the start of her employment. We also pointed out the overtime allowance and end-of-year bonus to which our member was entitled based on the collective labor agreement. We have submitted a wage claim to the employer for all these amounts. We have also asked for a transition payment because our member has been dismissed.
The solution
The employer admitted that our member worked as a security guard and paid everything we asked for. In addition, our member is no longer bound by the non-competition clause. The other party still demanded that she declare in writing that she would have no contact with colleagues and would not work for the clients. She did not do this on our advice.
Need help from our legal specialists?
Not every situation is the same. Therefore, please contact us directly: our legal specialists will be happy to assist you. For example, if you do not receive employment conditions, while you are entitled to them. Our Service Center can be reached every working day from 8.30 a.m. to 17.00 p.m. via sc@unie.nl and 0345 851 963.
