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Misrepresentation of employment- Poland


iwilldoit  3 | 7  
1 Jun 2012 /  #1
Hi.

I need serious and reliable information.

My wife applied registered herself to a recruiter. the recruiter gave her a job in the with the position clearly stated as Customer service advisor.

the job is in Holland and there were certain specific conditions as well. they were as follows: Place of work confirm strictly to that post located in a specific area in Holland. Housing where organised by the recruiter and was said to be 23EURO per week with internet bills seperate.

Today my wife just got to holland couple of hours ago and everything is changed.

1) She is not going to work for the organisation she was told she will be working with.
2) Different post- a manual job.
3) different place of living- she has to move from where she is actually (her place of stay stated by the recruiter when she was still in Poland)

4) she now has to pay 83EURO per week as rent in her new place.

I know about employment law in the UK but not in Poland. Can you help me. Because I want to call that recruiter and throw some word of flowers before the close of business today and might well take legal actions.

Would this be considered as a misrepresentation in the Employment law????

Thanks
InWroclaw  89 | 1910  
1 Jun 2012 /  #2
You probably have already had a look at this site from the EU, if not then see if it has any guidance
ec.europa.eu/social/main.jsp?catId=157&langId=en
gdyniaguy  1 | 281  
1 Jun 2012 /  #3
A few pointers. Did she have it in writing of the terms and conditions of the Employment before she left?

The company is a recruitment agency and not the company that she was supposedly working for?

Basically, under employment law 'the employer' (who isn't the agency) has the right to cancel (terminate) the employment contract at any time during the probationary period without any reason. The agency has managed to find another position but really should have tried to inform her before leaving. She can either take it or return home. That's the way it works in the west.
OP iwilldoit  3 | 7  
1 Jun 2012 /  #4
under employment law 'the employer' (who isn't the agency)

So the term 'agent' is not same as in the English law- Agency Law? -someone who accepts contract on some's behalf.

the right to cancel (terminate) the employment contract at any time during the probationary period without any reason

there is no such clause in this contract. as far as i know contract can be accepted verbally or written. and the employer has up to 4 weeks to give a writen contract. But again to the probation bit- there is no such clause like this in this contract.
gdyniaguy  1 | 281  
1 Jun 2012 /  #5
Every employer who takes on an employee has the right to terminate his/her contract without notice or reason within the probationary period. I've known people give up jobs to start a new one which hasn't materialised and left them jobless. They don't have a leg to stand on...honestly it's a hard world...

by the way 83euro rent is in a different place and for Holland is very low.

So the term 'agent' is not same as in the English law- Agency Law? -someone who accepts contract on some's behalf.

An agent in the strict terms of the sense. Is a person who acts on behalf of another. Therefore, the agent has no say in the terms of the contract he/she can only advise what is in it.

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