真的很感谢大家,前几天就该来回复的,但是记不住登陆的密码了。今天突然想起来了就马上过来了。
其实也不是欺负我们中国人,我觉得公司还是好的。主要是中国人在管理,说老实话,是我们中国人欺负咱们自己。那些管理层的为了讨好外国的主子,真的是拼命的压榨我们自己人。其实人家老外很讲劳逸结合,很人性的。真的,我们去过瑞典的分公司,人家下了班直接就走人。不会想我们一样觉得是不是不加加班走起来就不显得那么理直气壮。
想在荷兰打官司的想法是受到一条新闻的启发,说,在印度的一个ge的工程师因为劳动纠纷把ge给搞了,最后获得很好的赔偿。所以我就想要告就在荷兰告,也好给那些中国人一些教训。不要窝里斗。
后来就直接去联系荷兰的律师去了,联系了3家,只有一家回了我。
说的和大家说的差不多,但是我觉得老外做事有点漫不经心的,加上当时估计都在休假,所以我觉得不是很放心就跑到这里来求助了。结果大家真的很热心,谢谢大家了。
我下面把当时律师的回复发给大家,很大家分享一下。如果有那么一点希望,一点的“特别规定”,我都愿意坚持下去。如果你们觉得真的需要看看我的合同,我就扫描后给大家看看。上面就是工资,工作时间,内容方面的规定,没有什么特别的地方。
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RE: Can You Deal With My Case? 发件人: van Helden, Henriette (Henriette.vanHelden@debrauw.com)
您可能不知道发件人是谁。标记为安全|标记为不安全 发送时间: 2007年7月14日 0:59:29 收件人: yossarian_h_lee@hotmail.com
Dear Yossarian,
Thank you for your e-mail to my colleague Barbara Hagemann. She is currently on holiday, so I am answering your e-mail.
Since you are a Chinese citizen and you are working for a Chinese (subsidiary) company, the general rule is that in principle you can not bring an action against the Dutch parent company. However, there can be exceptional circumstances that may lead to a different conclusion, but you have stated nothing to that effect.
Dutch labour law only applies to Dutch citizens or foreign citizens who are working in the Netherlands.
In your case, there seems to be no reason to bring an action against the Dutch parent company and/or apply Dutch labour law.
I am sorry we can not help you any further.
With kind regards,
Henriëtte van Helden
Advocaat
De Brauw Blackstone Westbroek
Tripolis
Burgerweeshuispad 301 | 1076 HR Amsterdam
Postbus 75084 | 1070 AB Amsterdam
T +31 20 577 1432
F +31 20 577 1775
M +31 6 5374 8947
E henriette.vanhelden@debrauw.com
www.debrauw.com
-----Original Message-----
From: lee yossarian [[EMAIL="yossarian_h_lee@hotmail.com"]mailto:yossarian_h_lee@hotmail.com[/EMAIL]]
Sent: Friday, July 13, 2007 12:21 PM
To: Hagemann, Barbara
Subject: Can You Deal With My Case?
Dear Barbara:
I wrote this letter to seek if there are any possibilities that i can hire
Debrauw, one of the top firms in Netherlands which i finally realized after
a hard searching on the internet, to deal with my case.
it's a long story but i am trying to explain it briefly. I am a Chinese
citizen working for a subsidiary company in china which is fully invested
by its parent company located and registered in Amsterdam, Netherlands.
my biggest concern is if i could lanuch a lawsuit against our parent
company directly in Netherlands applying Netherlandish law to protect my
personal interests to its greatest extent when there's "something" happened
between the subsidiary and me.
the "something" may be but not limited to:
1, collective dismissals- rumors are strong and one or two shareholder is
leaving our company. our turnover and profit in the future will no longer
support so many staffs.
2, individual dismissal- may not renew my contract which is going to expire
in Sept, 2007.
3, Excuse of health issues-i recently had a surgical operation to deal with
a malignant tumor and further therapy is needed (like radiation therapy or
something) to ensure a better recovery. as a result, periodically, i need
to take the therapy in hospital, which unfortunately will affect my
services on my job. i am afraid that the employment will take this as an
excuse and what's more worse, may terminate the contract unexpectedly.
with the above concerns, i am eager to know if we could apply the
Netherlandish law to defend because i believe that employee's welfare and
interest is much much more well protected in U.S and European countries
than that of China.
i am looking forward to your reply. if ok, i can provide more detailed
information as reference. i experienced one collective dismissal in 2006.
i want everything to be prepared in advance before it's too late this time.
thanks and best regards
yossarian |