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Expats living in the Netherlands are having their contracts unceremoniously chopped as their employers feel the pinch of recession. But what are their rights? Natasha Gunn reports.When Iranian process engineer Ali Shabani was offered a job in the Netherlands via a specialised employment agency a year ago, he relocated enthusiastically with his wife, wishing to broaden his career prospects in Europe.
After completing his first three months at work in the Netherlands, knoweldge migrant Shabani saw that he had a future in the Netherlands.
“I went back to Iran, rented out my house, sold the car and resigned from my job – I’d taken a three-month sabbatical to try out working abroad,” he says.
In January 2009, Shabani’s employer told him bluntly that they didn’t have enough projects for him to work on and referred him back to the agency. The agency informed him that no other company on their books had work for him either, and terminated his contract on the spot. He was informed that he could search for work for three months but wasn’t eligible for any payment.
Shabani applied to the CWI for social security and so far has received payment of half his salary for one month. April is his last legal month in the Netherlands and he is now in the final negotiations for a new job contract after strenuous job-hunting efforts.
His wife, a qualified medical doctor, who was learning Dutch on courses offered by Ali’s previous employer, may soon be able to continue her efforts to learn the language to the level necessary for her to practice her profession in the Netherlands.
“I thought that in the Netherlands, employment law was in favour of employees and didn’t realise that an agency could terminate your contract with two weeks notice and no support,” says Shabani.
And he is one of the lucky ones. By not signing any negotiated severance deal, he held onto the right to remain in the Netherlands for three months after loosing his job, as well as being eligible for a percentage of his salary from social security over the same period.
As a knowledge migrant, In my residence permit it says "not allowed to work in another company ". I asked this to IND and they said, I'm not allowed to work in another company in NL for the first 5 years of the employment. After 5 years, I can. Also they said, if I'm fired, my residence permit is also cancelled and I have to leave country immediately.
And resiidence card also says, we are not eligible for unemployment payment.
What kind of employee protecting law is that?
Like Ali and Ozqur I have had similar experience in Holland. The law may be one thing, but reality is entirely different. Frankly, I have no rights at all. The Dutch offer me favor and grace by allowing me to live and work in their country. My opinion is of no value. My expertise disrespected and my services are expendable. Colleagues from The Netherlands are rude and buitenlanders like myself fight to hold position. My money is not wanted as I have been redirected and refused purchase on more than one ocasion. Whatever the Dutch law is, it has never applied to me.
Fully agreed; there is not much we can do when we are unwanted. I believe the Dutch society need to learn a lot on how to deal with foreigners. I just wonder if they get the same treatment when they go abroad.
It is a country which I would strictly discourage for people to move after my experience.
Happened to us too. Agree with Elizabeth that reality does not reflect supposed employee protective culture. Our experience in this county both working and otherwise has been virtually nothing but negative. I question the legal system in a country where you are advised by everyone that the minute company tries to terminate you, you should consult a lawyer. And pay them with what?? You end up paying the lawyer the amount of your severance simply in order to force the employer to honor terms of your employment contract, and court is not allowed to award fees. Still questioning whether it's possible to go through the court process without a lawyer and if employee is required to provide his/her own interpreter at expense.
I recommend all expats to obatain a legal representation insurance- rechtsbijstaanverzekering. You do have rights in the Netherlands and when you are made redundant the court is indeed allowed to compensate attorney fee. When you have legal representation, which can be provided for a nominal monthly charge you you do not need to seek reimbursement as your legal fees are covered by the insurance.
Welcome to Holland!!!!Hooo,Well,that is how the dutch behave.As an african immigrant who has lived here for over ten years,experience has showed me that the dutch have no respect for foreigners especially when they are from Africa!!! Have you heard of the term called allochtoon?if not,try to ask any dutch you know and you see how ashamed and vague they are as they try to answer you!!!!!! It is sad to hear all these stories but the reality is they treat us all like real allochtoonees!!!!!!!!! May God bless them and the Queen because we are all God's children.
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