
Sometimes it can happen that your employer is temporarily unable to offer work, for example due to technical problems, a calamity or other unexpected circumstances. But what does this mean for you as an employee? Does your employer still have the obligation to continue paying your wages? In this blog we explain the legal situation and what your rights and obligations are.
Continued payment of wages: who bears the risk?
By law, an employer is obliged to continue paying your wages, unless there is a situation that is reasonably your responsibility. Think of situations in which you yourself cannot work due to your own actions. If the cause lies with the employer, such as a technical malfunction or a calamity, the risk remains with the employer in most cases. This means that you are entitled to wages, even if you are temporarily unable to work.
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Force Majeure: What does it mean for you?
An unexpected event at your employer is often seen as force majeure. Although force majeure means that the employer could not have prevented the situation, the consequences of it are usually at his expense. This means that you as an employee cannot simply be left without pay. Exceptions to this are possible:
- When there are specific agreements on force majeure in the collective labor agreement or employment contract.
- If you as an employee are responsible for the situation.
It is therefore important to know what is stated in your collective labor agreement or contract.
What can you expect from your employer?
Even if the cause is beyond the employer's control, he is still obliged to act actively. This means, among other things:
- Communication: The employer must inform you about the situation and the consequences for you.
- Alternative solutions: If possible, the employer must offer alternatives, such as other work or another workplace.
- Wage paymentAs long as you are available for work, the employer is obliged to continue paying your salary.
What can you do yourself?
It is important to take action yourself and be well prepared. Follow these tips:
- Save all communications
Keep a record of all correspondence with your employer about the situation. This can be useful if there are any ambiguities. - Check your collective labor agreement or employment contract
Check if there are specific agreements that are relevant to the situation. This provides clarity about your rights. - Call for help
Are you unsure whether your employer is acting correctly? Contact a legal advisor or a trade union such as De UnieThey can advise you on your rights and possible steps. - Stay available
Make sure you are available for work and communicate this clearly with your employer. This shows that you are willing to work as soon as it is possible again.
Why is this important?
If your employer is temporarily unable to offer work, this can cause uncertainty. Fortunately, there are clear rules that protect you as an employee. In these types of situations, the risk often lies with the employer, so you do not have to worry about your income. By staying alert and being well informed, you can avoid unpleasant surprises.
Want to know more?
Do you want to know exactly what the law says about continued payment of wages? Then read more at Arbeidsrechter.nl
What can De Unie mean to you?
At De Unie we are ready to help you with legal questions and conflicts. Our experts can review your collective labor agreement or employment contract, mediate in discussions with your employer and provide legal support. Do you want to know more or get help right away? Contact our Service Center via 0345 851 963 or mail to sc@unie.nl. Not a member yet? Sign up and take advantage of our extensive support! Would you like to know more about the support we can offer you?