Success stories

What was the situation?
Frits had been working for four years in a restaurant as a senior service staff member. Frits had not been enjoying his work for some time and felt unappreciated by his employer. To make matters worse, his wife recently lost her job. The stressful financial situation at home and the unpleasant atmosphere at work led Frits to decide to take money from the cash drawer twice. Frits had taken a total amount of €200. Frits' employer already suspected that Frits had taken money from the drawer and therefore checked the CCTV footage. The footage showed Frits taking the money from the drawer. The employer was very shocked and immediately called Frits to the office. The employer confronted Frits with the footage and then gave him an immediate dismissal. Frits was very upset by the whole situation and immediately contacted us.

What did De Horecabond do?
One of our lawyers took on Frits' case. First, the lawyer determined whether the employer was justified in giving Frits an immediate dismissal and whether the employer had complied with all the legal requirements for such a dismissal. It was clear that taking money from the drawer constituted an urgent reason for immediate dismissal. The lawyer determined, based on legislation, that the employer had given Frits a legally valid immediate dismissal. The lawyer then contacted the employer, explained Frits' personal situation again, and asked if the employer was willing to withdraw the immediate dismissal and convert it into a settlement agreement with mutual consent. Eventually, after much persuasion, the employer was convinced. The employer and Frits parted ways through a settlement agreement. This allowed Frits to still claim unemployment benefits. However, the UWV can always decide not to grant Frits unemployment benefits if they believe Frits became unemployed through his own fault!

Tips!

• If you have been immediately dismissed, immediately contact our legal department and do not contact the UWV.
• We only have two months to contest your dismissal in court! So be on time!
• Write a letter to your employer stating that you disagree with your dismissal, ask them to withdraw the dismissal, and keep yourself available for work!

What was the situation?
Jasper has been a manager at a pizzeria for 10 years. One day, his employer informs him that he will be selling his business to a new entrepreneur in a few weeks. This new employer tells Jasper in a personal conversation that he will continue the business in the same manner. He takes over all the assets and staff, except for Jasper, as the new employer wants to take on the management role himself. He tells Jasper that he should start looking for a new job. Jasper is at his wit's end and asks us for advice. 

What did De Horecabond do?
One of our legal experts took on Jasper's case. Jasper sent us his employment contract and payslips. The legal expert first determined whether the business had been sold to a new employer. The legal expert checked the details from the Chamber of Commerce and concluded that the business was indeed sold. Additionally, based on Jasper's account and the conversation he had with the new employer, the legal expert determined that there was a 'Transfer of Undertaking'. The new employer had indicated that he would continue the business in the same way and take over all assets and staff, except for Jasper. This means that all rights and obligations from the employment contract Jasper had with his old employer automatically transfer to the new employer. The legal expert sent a letter to the new employer, informing him that Jasper automatically became employed by him based on the transfer of undertaking. Following this letter, a conversation took place between Jasper and his new employer. The latter acknowledges that there is a transfer of undertaking and discusses with Jasper how he can fulfil his role as manager in his business.

Tips!

• If your employer is going to sell the business, keep an eye on whether all staff are being taken over or if only the assets are being taken over.
• Make sure you keep track of everything regarding a takeover and ask your employer if they can provide you with a written update regarding the takeover!
• You do not need to sign a new employment contract! Your rights and obligations automatically transfer!
• Contact us in good time so we can guide you!

What was going on?
Erik had been employed for 12 years with the (predecessor) employer. He enjoyed his work immensely during the first ten years of his employment. Two years ago, his old employer retired and a new owner took over the business. Unfortunately, Erik and his new employer do not get along well. Erik has not been enjoying going to work for quite some time, and he and his new employer clash significantly. After yet another major argument, the employer presented him with a settlement agreement. This agreement stated that Erik would be immediately relieved from his duties and that his contract would end at the end of the month. Erik was quite shocked and signed the agreement (under some pressure from the employer). For the first few days, Erik felt very relieved. After a week, he began to realise whether he should have signed the agreement. What are the consequences of this? Erik regrets signing the agreement and contacts us to see if he can reverse his decision.

What did De Horecabond do?
One of our legal experts took on Erik's case. Erik sent the signed settlement agreement. It was revealed from this agreement that the employer did not observe a notice period and that nothing was arranged regarding the statutory reflection period. Since 1 July 2015, the law stipulates that an employee has the right to dissolve a written agreement terminating the employment contract (the settlement agreement) without giving reasons in writing within 14 days from the date the agreement was made. This reflection period is three weeks if this right is not included in writing in the settlement agreement. The legal expert found that the offered settlement agreement was very disadvantageous for Erik. At Erik's request, the legal expert dissolved the settlement agreement within the statutory reflection period of three weeks. The legal expert sent a letter to the employer indicating that Erik is exercising the statutory reflection period and states that Erik is dissolving the settlement agreement. As a result, Erik is still employed. After the settlement agreement was dissolved, the legal expert made a new offer to the employer, taking into account the statutory notice period, agreements on exemption from duties, accrual and taking of holiday hours, and a proposal for the granting of a termination compensation. The parties eventually reached an agreement and signed a new settlement agreement.

Tips!

• Never sign a settlement agreement before a legal expert has reviewed it!
• Check if there is a provision regarding the reflection period.
• Ensure that you invoke this provision in a timely manner. It starts running from the date the settlement agreement 'was made'. This does not have to be the date of signing!
• You can only invoke the reflection period once.

What was the situation?
Janine commenced employment on 1 October 2024 with her employer under a fixed-term employment contract. On 1 October 2025, the employment contract ended automatically. Janine was uncertain for a long time regarding the extension of her temporary contract. On 15 September 2025, she received the decisive news. The employer informed her that her temporary contract would not be extended. At the same time, Janine received a letter from the employer confirming this in writing. Janine was very disappointed. She contacted our legal department and wondered if she could do anything about the fact that the employer only informed her on 15 September 2024 that her temporary contract would not be extended.

What did De Horecabond do?
One of our lawyers took on Janine's case. After Janine had sent all the documents, the lawyer was able to ascertain that the employer had not fulfilled his notification obligation in time. This notification obligation means that the employer must inform in writing, at least one month before a fixed-term employment contract ends automatically, whether the contract will be continued or not. If the employer does not fulfil this obligation at all, he owes the employee a notification compensation of one month's salary. If the employer does not meet this obligation in time, he owes the employee a pro-rata compensation. Janine's employer had not met this obligation in time, as he was 15 days late! This means that Janine is entitled to a pro-rata compensation (15 days late / 30 days in September x the gross monthly salary). The lawyer wrote to the employer and requested that the notification compensation be paid to Janine. After two letters from the lawyer, the employer finally decided to pay the notification compensation to Janine.

Tips!

• Check your employment contract to see if there is a provision regarding the notification obligation! In some cases, this is already included in the employment contract, and the employer does not need to notify again in writing!
• You are only entitled to a notification compensation if your contract lasts longer than six months.
• Keep an eye on the end date of your temporary contract!
• Check whether the employer has informed you in writing that your contract will not be extended.
• If the employer has not notified in time, contact the legal department immediately. The lawyer has only two months after the end date of your contract to file a petition with the court. This is a limitation period! If this period has expired, you can no longer claim the notification compensation, so act quickly.

What was the issue?
Ron started working as a sous-chef for his employer on 1 January 2020. The CLA hospitality applies to his employment contract. Ron noticed that he hadn't received a pay rise in the past four years and asked us to check his salary.

What did De Horecabond do?
One of our legal experts took on Ron's case. The legal expert asked Ron to send all his payslips. Based on the payslips, the legal expert prepared a calculation. This calculation revealed that the employer had overlooked one pay rise. The legal expert applied this pay rise and concluded that Ron was entitled to back pay of €709.50 gross. In consultation with the legal expert, Ron first contacted his employer himself regarding the incorrect application of the pay rise. Ron showed the calculation to his employer, and the employer paid the outstanding amount with the subsequent salary payment. Additionally, the employer immediately adjusted the salary.

Tips!

• On 1 January 2024, the last pay rise according to the CLA hospitality took place. Check if you have received this.
• A legal claim expires after five years, after which you can no longer make a claim. So, make sure to act in time.

What happened?
Mariska had been working for 20 years in a small hotel in her hometown. She always worked with great pleasure and had a very good relationship with her employer. Mariska noticed that it was becoming increasingly quiet in the hotel and that the number of guests was declining. Additionally, she observed that over the past six months, her salary was being paid later and later. She discussed this with her employer, who assured her that the next salary payment would be made on time. However, after a month, the salary payment was still not made, and she noticed more and more letters arriving from bailiffs. She also noticed that suppliers were visiting less frequently. To maintain the good relationship with her employer, Mariska continued to work for another two months without receiving her salary. On the advice of De Horecabond, she informed her employer in writing that she was still entitled to her salary for the past two months. When Mariska wanted to start her shift on Monday morning, she saw a note on the door saying ‘execution sale’. The tax authorities had seized the hotel’s inventory. Mariska immediately contacted her employer, who confirmed that there was indeed a seizure and told her that she did not need to work for the time being. In shock, Mariska contacted us.

What did De Horecabond do?
One of our lawyers took on Mariska’s case. First, the lawyer wrote to the employer again, requesting payment of the salary and any other compensations to Mariska. However, given the execution sale and the seizure, it was unlikely that the employer could pay Mariska’s salary. Additionally, the lawyer contacted the UWV to indicate that the employer could no longer meet his payment obligations and that there might be a case of insolvency. After this call, an external UWV employee visited the employer to investigate whether there was indeed a case of insolvency. Subsequently, the lawyer applied for a social benefits due to insolvency from the UWV. If the UWV determines that there is a case of insolvency, it can grant a social benefits due to insolvency. The UWV then pays the outstanding salary that Mariska was owed for up to 13 weeks before the notice period and up to six weeks after the notice date. Additionally, Mariska can receive compensation for holiday pay, annual leave, and unpaid pension contributions for up to one year before the end of the employment. The UWV determined that there was indeed a case of insolvency and paid Mariska the remaining dues. The UWV terminated the employment, and unfortunately, Mariska had to look for another job.

Tips!

• If you no longer receive your salary from your employer, immediately send them a letter requesting payment within five working days.
• If you notice that the business is struggling and more creditors are showing up, immediately contact our Contact Centre.
• Ensure you contact us in a timely manner. If there is indeed a case of insolvency, you will only receive your salary for 13 weeks before the notice date.
• If the company closes, immediately contact us and register as a job seeker at www.werk.nl.

What happened?
Johan was employed on a temporary contract. A month before his contract ended, he fell ill. He reported his illness to his manager immediately, as per the company’s rules during illness. Additionally, he kept his manager informed by phone and updated the employer via e-e-mail about his illness process. The employer did not respond to his e-mails after this illness notification. Unfortunately, Johan remained ill until the end of his employment and left the job while still sick. After reporting his illness, Johan did not receive any more salary and had also not received a final settlement. Johan had already sent a letter to the employer himself, requesting the payment of his salary, the final settlement, and the remaining entitlements listed on it, including the outstanding annual leave and holiday pay. The employer again did not respond, and Johan decided to contact De Horecabond.

What did De Horecabond do?
One of our legal advisors took on Johan’s case. The legal advisor wrote to the employer again, requesting the payment of the last month’s salary (salary during illness) and the remaining entitlements to Johan. Unlike Johan, the legal advisor did receive a response from the employer. The employer stated that he did not have to pay Johan’s salary because, according to him, Johan had not appeared at work without notice. The employer denied that Johan was ill. In response to the employer’s letter, the legal advisor wrote another letter to the employer, including all the e-mails that the member had sent to the employer regarding his illness. This showed that the employer was indeed aware that Johan had not appeared at work due to illness. After this letter from the legal advisor, the employer proceeded to pay Johan’s last salary and the remaining entitlements.

Tips!

• If you are ill, report your illness immediately according to the regulations in your company.
• Adhere to the rules during illness!
• Keep your employer informed about your illness process. Your employer may ask about the expected duration of the absence and whether there are possibilities for doing (other) work. Your employer may not ask about the nature and cause of the illness. Therefore, you do not need to elaborate on your symptoms.
• If your employer does not pay your salary on time, write to them as soon as possible, requesting the salary to be paid within three to five working days. Additionally, contact us as soon as possible via the contact page.

What was the situation?
Achmed has been working as a head chef in a restaurant for over four years. In July, the restaurant was closed by order of the mayor due to noise disturbance. For the first two months, he received his salary on time and in full, but after that, he received nothing more. After several unsuccessful attempts to discuss his salary with his employer, he contacted De Horecabond.

What did De Horecabond do?
Achmed did not receive his salary for the months of September and October. Therefore, De Horecabond immediately filed a salary claim with the employer. However, the letters were not responded to. De Horecabond initiated legal proceedings against the employer, claiming the salary for the months of September and October. In response, the employer paid the outstanding salary.

Since the employment contract has not yet been terminated, the situation remains unclear. Therefore, De Horecabond contacted the employer's lawyer. The lawyer indicated that the employer's financial position had deteriorated so much that they had no choice but to proceed with terminating the employment contract. As evidence, the lawyer sent financial documents showing that the employer was no longer able to meet their financial obligations.

Because the employment contract was terminated at the employer's initiative, Achmed is eligible for unemployment benefits.

What happened
Fleur is a self-employed chef/manager and has been working for the same employer for 7.5 years. She always goes to work with great pleasure. Out of the blue, she is told that she is not performing well and is also guilty of discrimination and threats.

What did De Horecabond do?
Fleur has always denied that there is any truth to the allegations. The lawyer repeatedly asked the employer for evidence. This was never provided, and due to the employer's slow response, the process took over five months! The accusations irreparably damaged the employment relationship between Fleur and the employer. Therefore, the lawyer entered into discussions with the employer to find a solution. Ultimately, a good arrangement was made for Fleur:

• Her salary will be paid for six months while she no longer works.
• She will receive compensation of three gross monthly salaries, increased with holiday pay and bonus.
• A final settlement will be made with payment for her unused holiday days.

Finally, the settlement agreement is drafted in such a way that Fleur will receive unemployment benefits immediately after the end of her employment. The employer has also prepared a positive testimonial for Fleur.

What was the situation?
A member of De Horecabond had been working for the same caterer for some time. When the client chose a different caterer, it was initially unclear what would happen to the employees. There was no transfer of undertaking. As a result, the employee became redundant and there was a high chance she would lose her job. Through the intervention of one of the lawyers from De Horecabond, the new employer was addressed on this matter, and the member of De Horecabond was eventually employed by the new caterer. Although she was offered a new contract, there was actually no work for her. Consequently, the new caterer wanted to terminate her employment and applied for a dismissal permit from the UWV.

What did De Horecabond do?
Through the intervention of one of the lawyers from De Horecabond, the dismissal application was withdrawn. Ultimately, the contract was terminated by mutual agreement. The employee and the new employer reached an agreement on the amount of the termination compensation.

What was the issue?
Maarten approached the legal team at De Horecabond because there was a problem with the payment of worked overtime. A significant amount of overtime was not paid out by the employer. Maarten had evidence of the worked overtime through schedules. A lawyer from De Horecabond sent a letter to the employer demanding the overtime be paid to the employee in accordance with the provisions in the CLA recreation. In this situation, the employer turned to the employers' organisation Recron, which misinterpreted the CLA and claimed that the employee was not entitled to the payment of overtime.

What did De Horecabond do?
Internal consultation within De Horecabond led to a clear explanation regarding the CLA to Recron, resulting in the employer eventually proceeding with the payment of the overtime! A good outcome that both the employee and De Horecabond are very pleased with.

Tip: Overtime is calculated on an annual basis. If you work more than agreed, there are two possibilities: either you get the hours back as time off or these hours are simply paid out. However, sometimes an employer can be difficult and may not want to compensate or pay these hours. As an employee, this can be quite frustrating. Can't reach an agreement with your employer? Then please contact us.