A six-month job, a nice rate and sent home after only two weeks. That happened to a ZZP-er who worked for a third party through a client. He assumed he should still be paid for another month, because that was what the contract said. Sounds logical, but the judge saw it slightly differently.
A hidden escape in the contract
On paper, it seemed simple: termination could be done with a one-month notice. But further on in the same agreement, there was another rule: if the end client stopped hiring, the assignment could be terminated immediately.
That scenario occurred. The end client pulled the plug. The client immediately followed suit. The ZZP-er found this unreasonable and took the matter to court. He claimed almost €17,000, equal to the notice period.
The cantonal court was clear: two business parties put a signature, so all the provisions in that contract apply. Even the one that is less favourable. The claim went off the table.
As a self-employed person, what can you take away from this?
- Read all the notice provisions, not just the first paragraph.
- A month's notice is nice, but exceptions can eliminate it completely.
- Always check whether the client is allowed to stop immediately, and under what conditions.
A few extra minutes of contract reading could save you a lot of disappointment. AND maybe even a lawsuit.