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  #1  
Old 06-29-2009, 01:14 PM
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Limitation of freedom by employer


I'm writing to you because I need lawer's help. Sorry for my English, as I'm not native speaker, but hopefully you'll understand me.
Let me describe the situation.
I live in Poland normally. I've been working in Netherlands for temporary employment agency for 5 weeks (I had Dutch contract for 8 weeks) this year. Everything was fine until I started to use my own private car to commute to workplace. The manager (agency's employee) noticed that I use my private car and told me that I'm fired because I use my own private car without asking them. He also told me that using private cars should be consulted with agency's employee and if I asked about this they wouldn't permit me to do so. He told me that using private car is against company's policy. I've been fired immediately - the same day. I had to go back to Poland. Agency told me that I broke the employment contract (I didn't) and they charged me 150 EUR for breaking the contract.
As I remember nobody informed me in any way about prohibition of usage own private car. I read the contract I signed and there is no such prohibition. I asked the manager to show me where in contract it's forbidden to use private car, manager searched the contract for this and he didn't find it. In my opinion such prohibition is a limitation of freedom for me and it is against the law. No person should be treated this way. We are in European Union and we've got full freedom, also full freedom of movement, also using private cars. Linking employment with forbidding usage of private car is against the law.
I've tried to get reason for being fired in writing but they didn't gave it to me. They told me that they don't have such obligation. The agency is quite large employment agency and has several branches in Netherlands. I've got email from agency's employee that confirms that I've been fired because of usage my own car.
The question for you is what can I do about it? It's really not ok to treat somebody like this, and it's against the law, as nobody (except court or police) can forbid using own car. Is there any way to make them to pay my money as I've earned it and they unlawfully took it from me? Is there any way to get a compensation for such treatment? What are the chances?

Thank you,

John
  #2  
Old 06-29-2009, 01:23 PM
cbg cbg is offline
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