Was fired during the probationary period, but kept his job thanks to NITO
- I received shabby treatment, in the middle of the probationary period I was suddenly dismissed, says a distraught NITO member. The employer did not comply with its obligations and had to withdraw the dismissal.
- After just under two months in the job, I was told to come to my boss's office. He told me that I was not allowed to continue in my job and said that in 14 days when the notice period is over, the employment relationship will end.
This is according to a very surprised NITO member who wishes to remain anonymous.
The engineer talks about unfair treatment and a lack of professionalism on the part of the employer. There was a lack of written notice, there was a lack of follow-up and feedback during the employment relationship.
- I waited for a written resignation and in the meantime contacted NITO. It was only after NITO lawyer Anne Kathrine Fokk was assigned to the case that I received a written dismissal," says the engineer.
Should be given the opportunity to improve
- After an employment, an employee must receive feedback along the way, there must be good reasons and advice so that it is facilitated for the employee to have the opportunity to improve their performance, Fokk explains.
Read more about your rights: Probationary period – only on probation?
- In this case, the employer had not taken the initiative for conversations with the employee where feedback could have been given that they were not satisfied with his work performance. No formal discussion meeting was held. The employer could not show that they had done anything to improve the situation, she says.
Notice of a discussion meeting: What you as an employee should know
Withdrew the resignation
The NITO lawyer demanded a negotiation meeting between NITO, the employee and the company.
- In this meeting, NITO pointed out the company's lack of follow-up of the employee and that it had not been communicated to the employee that he had to change his performance, says Fokk.
At the end of the negotiation meeting, the employer chose to withdraw the dismissal, and it was agreed that a closer follow-up of the employee would be carried out.
Good help with laws and regulations – and a lawyer from NITO
The NITO member is currently still employed by the company and is currently outside the probationary period. There has been a meeting with the boss to "clear the air" in order to improve communication between them. At the moment, however, both he and several others are laid off due to a lack of order intake.
- I don't see any future in this job, says the NITO member. - I think the company has behaved a bit shabby and I was surprised at how little they have followed up on their commitments. Without NITO, I would probably have given up. It was good to get help from someone who knows what laws and regulations apply.
After the NITO member was laid off, he has applied for new jobs and also been successful. He is optimistic about his new working day in another company.
NITO is here when it matters
Many people do not know where to start when uncertainty arises in working life. As a trade union, we are here to give you security, support and concrete advice – when you need it most.