Johan works as a self-employed chef with a temporary contract. A month before his contract ends, he falls ill. He properly reports his illness to his supervisor and keeps his employer informed. However, from that moment on, he no longer receives his salary. Even after the end of his contract, the payment remains outstanding.
The CLA hospitality applies to his employment contract. There you can read about the agreements regarding salary, illness, annual leave, and the end of your contract.
What did De Horecabond do?
Johan contacted us. Because he is a member, he could rely on legal help and support.
One of our lawyers reviewed his situation and wrote to the employer again. We requested that the last month's salary during illness and the remaining entitlements, such as holiday pay and outstanding annual leave, be paid.
Unlike Johan, the lawyer did receive a response from the employer. According to the employer, he did not have to pay Johan because he had not shown up for work without notice. He also denied that Johan was ill.
Our lawyer showed the employer that Johan had indeed kept him informed and had sent multiple emails about his illness. After this letter from the lawyer, the employer paid Johan's last salary and remaining entitlements.
- If you are ill, report your illness immediately according to the regulations applicable 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 performing (other) tasks. 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 payment within three to five working days. Additionally, contact us as soon as possible via contact.