Hi,i am an asian kennismigrant having fast contract and i am living in holland for 4 yrs.everything was fine till last year but now suddenly i got the indication from my employer that my contract is going to be terminated soon.As per my employer i am not performing wel but i am sure that the reason may be economic crisis or the political issues with in the company.Now the problem is that i don't have ruberik inkomen(insurance to cover the expenses to get an advice from lawyer),can anybody help me to find a good solution?
Considering my permanent contract i bought the house and now housing market is too low that if i sell my house i've bear a big loss,should i expect my company to assist me in selling my house or compensate that anyother way?
ouloveit3 said:
. Line up your interviews and call in sick while you interview. You have many months before this breaking of your contract finishes and you have 3 months AFTER your contract ends before you have to gain a KM job ... so really you have a long time to find work.
You don't need to call in sick - you are entitled to time off to go looking for another job if they want to terminate your contract.
mrfook said:ouloveit3 said:Thanks for the reply,now I would like to get legal help and my employer is ready to pay a certain limited amount for legal action.can somebody help me to find a lawyer agency?
. Line up your interviews and call in sick while you interview. You have many months before this breaking of your contract finishes and you have 3 months AFTER your contract ends before you have to gain a KM job ... so really you have a long time to find work.You don't need to call in sick - you are entitled to time off to go looking for another job if they want to terminate your contract.
osita said:
You've been working there for 4 years and they 'now' decide that you're not working to standard? What have they done to try and change this - have they offered you training, etc? Thanks,i'll fix up an appointment at JL. No, they can't just terminate the contract. They'd have to really prove to a court that you did something really bad, and I don't think you did: lots of Dutch companies will do this because they think a non-Dutchie won't bother to put up a fight, or find out what they are entitled to. But - you need to fight this in court. If the company goes to court and you don't go - they will win. In fact, they could tell the court anything, and if nobody argues, they can even 'expand the truth' to make you look really bad. Yes, that means hiring a lawyer to fight for you (in Dutch), but I think the company wmight have to pay something towards the costs? Find out! If you don't win this, you'll be finding the loss of your house more costly. Free initial legal advice .... http://www.hetjl.nl and to repeat the most important thing.... DON'T AGREE TO ANYTHING. If your manager or HR try to make you sign or agree, tell them you will be finding an employment lawyer and they must talk only to him.
sandy said:
Thanks a lot for the post,I already have inburgerings diploma and I've job options in other schenzen countries but notin Netherlands but my aim is to have PR/passport and then leave so I am much concerned about the time.if I don't take any decision then my company will take any action in September.As per telephonic conversation with lawyer,my case is very strong but on the other hand one of my friends told me that mostly employer wins.
Yes, but I think you are misunderstanding something. If the employer wants to fire you from your permanent contract - he will. There is nothing you can do to stop him from firing you so yes, the employer is definitely going to win in the end.
And .. do you WANT to work for a company that is compelled by law to let you keep your job when they want you out? Noo. I think that would create a hostile work environment.
No, if they want you out - you will be out ... it's just that they have to go through proper channels to break that contract - which will take a lot of time and money.
You should be focused on having the lawyer get as much money as possible ... and because you have this heads up .. you have enough time to look for another job. That is your best outcome for this situation.
You said earlier that you could not read the online information about firing etc because it was in Dutch - that's why I said your options are limited but if you have passed the inburgerings test ... umm I guess that would be enough to get you the Dutch passport ot the Perm and EU residence permit.
The Perm and EU residence permit allows you to work and and live in any EU country that is on board with this plan .. but most countries are not yet on board so do your research. Otherwise apply for a Dutch passport.
Since the company's lawyer will take action in September - that is when it will be submitted to court so that is when the long wait begins.
I think you should go to the IND and apply for the 'Application for a regular residence permit without mvv/ change of purpose'. This gives you the 'Arbeid vrij toegestaan; TWV niet vereist' stamp -which means you have the right to work here without a KM worker job. You can do this after living here 3 years.
ONLY THING IS as of 1 July 2012 they are gonna to push this back to 5 years. So you need to apply for this permit immediately .. if not sooner!
So then since you will be so close to your 5 year mark by the time this all goes through the court .. with the lump sum money they give you .. you can afford to take ANY job and bide your time.
Just something at McDonalds would still be a job. Then when you hit your 5 year mark apply for a passport, sell your house and move to another EU country. This all might take some time but your plan should be:
- if you want to take a job in your field in another EU country anyway - start working toward that and put your house on the market now
- so get as much money as possible out of the company via a lawyer. Maybe that means 4 months salary but this will help offset expenses
- get the Free to work stamp or the 'TWV niet vereist' stamp NOW (as you must be employed when you apply) which will make getting a job easy if you speak Dutch. Because with this permit you don't have to get a KM type of job
- then take a job - ANY JOB and wait it out until just before your 5 year mark and then apply for a Dutch passport
- The passport usually clears within 6 - 8 months so you will have to stay at that job all this time but by that time (it will be a long time by now) your house should be sold - maybe you can rent a room to keep expenses low
- Then when your passport clears you can pack up and take a job in another country
I think this is a good option for you.
Why don't you ask your employer to file for EU Blue card for you as a last favor. With that you can go to other EU country for work and keep your house without issue. There are some strict condition for EU blue card though, but I think its win win situation for you. (You said you have job offer from other EU country) I think it takes 3 months for EU blue card process but you will be safe by September if you start now.
Some conditions are :
1. You have to earn 60K yearly. (mandatory)
2. Master's degree (waiver if you have enough professional exp)
3. All your educational certificate needs to be evaluated by nuffic. (this will take time)
Good luck !!!
ouloveit3 said:
sandy said:
Thanks a lot for the post,I already have inburgerings diploma and I've job options in other schenzen countries but notin Netherlands but my aim is to have PR/passport and then leave so I am much concerned about the time.if I don't take any decision then my company will take any action in September.As per telephonic conversation with lawyer,my case is very strong but on the other hand one of my friends told me that mostly employer wins.Yes, but I think you are misunderstanding something. If the employer wants to fire you from your permanent contract - he will. There is nothing you can do to stop him from firing you so yes, the employer is definitely going to win in the end.
And .. do you WANT to work for a company that is compelled by law to let you keep your job when they want you out? Noo. I think that would create a hostile work environment.
No, if they want you out - you will be out ... it's just that they have to go through proper channels to break that contract - which will take a lot of time and money.
You should be focused on having the lawyer get as much money as possible ... and because you have this heads up .. you have enough time to look for another job. That is your best outcome for this situation.
You said earlier that you could not read the online information about firing etc because it was in Dutch - that's why I said your options are limited but if you have passed the inburgerings test ... umm I guess that would be enough to get you the Dutch passport ot the Perm and EU residence permit.
The Perm and EU residence permit allows you to work and and live in any EU country that is on board with this plan .. but most countries are not yet on board so do your research. Otherwise apply for a Dutch passport.
Since the company's lawyer will take action in September - that is when it will be submitted to court so that is when the long wait begins.
I think you should go to the IND and apply for the 'Application for a regular residence permit without mvv/ change of purpose'. This gives you the 'Arbeid vrij toegestaan; TWV niet vereist' stamp -which means you have the right to work here without a KM worker job. You can do this after living here 3 years.
ONLY THING IS as of 1 July 2012 they are gonna to push this back to 5 years. So you need to apply for this permit immediately .. if not sooner!
So then since you will be so close to your 5 year mark by the time this all goes through the court .. with the lump sum money they give you .. you can afford to take ANY job and bide your time.
Just something at McDonalds would still be a job. Then when you hit your 5 year mark apply for a passport, sell your house and move to another EU country. This all might take some time but your plan should be:
- if you want to take a job in your field in another EU country anyway - start working toward that and put your house on the market now
- so get as much money as possible out of the company via a lawyer. Maybe that means 4 months salary but this will help offset expenses
- get the Free to work stamp or the 'TWV niet vereist' stamp NOW (as you must be employed when you apply) which will make getting a job easy if you speak Dutch. Because with this permit you don't have to get a KM type of job
- then take a job - ANY JOB and wait it out until just before your 5 year mark and then apply for a Dutch passport
- The passport usually clears within 6 - 8 months so you will have to stay at that job all this time but by that time (it will be a long time by now) your house should be sold - maybe you can rent a room to keep expenses low
- Then when your passport clears you can pack up and take a job in another country
I think this is a good option for you.
Thanks a lot for the info,this is really an excellent idea.Now my ques is that can i apply this arbeid vrij toegestaan for my wife also and if she gets a job here (she speaks better dutch than me)than also can we stay here till next year?Any impact on 30%ruling....
idearulez said:
Why don't you ask your employer to file for EU Blue card for you as a last favor. With that you can go to other EU country for work and keep your house without issue. There are some strict condition for EU blue card though, but I think its win win situation for you. (You said you have job offer from other EU country) I think it takes 3 months for EU blue card process but you will be safe by September if you start now.
Some conditions are :
1. You have to earn 60K yearly. (mandatory)
2. Master's degree (waiver if you have enough professional exp)
3. All your educational certificate needs to be evaluated by nuffic. (this will take time)
Good luck !!!
Thanks a lot for your suggestion but the problem is that the new offers i've are in UK and Denmark but i can't use the blue card in both countries.But anyways it's a good option beacuse i was even not considering the jobs in other countries like Austria and france but now i'll apply there also.
Any idea if i've EU blue card and shift somewhere else where it works,than how can i apply for EU passport?
pros and cons of Arbeid vrij togestaan.....can anyone comment on this?
Is it possible to work in another EU country with PR and then can i apply for passport ?
Today I've been to IND for my arbeid vrij togestaan n i was told that after 3 yrs everybody is arbeid vrij toegestaan.I was told that it's arbeid loondienst where KM job is not required. I've been to juridisch loket also,but not much helpful,not much satisfactory.I think i could gather more info from expatica members.now i need to find out a good lawyer to fight this case.can anybody suggest me good lawyer?
One more confusion...what is the difference b/w arbeid vrij togestaan and arbeid loondienst....
