Dismissal law is an important part of Dutch employment law. An employee can resign himself, or an employer can dismiss an employee. As a rule, a notice period must be observed. If there is a sufficiently urgent reason for this, instant dismissal can be given or taken. The employment contract then ends immediately. In other cases, the employer needs permission from the UWV before it can be canceled.
As an employee or employer, do you have to deal with a dismissal in the Netherlands? Or do you want advice about a labor dispute that is subject to Dutch law? Please contact us if you have any questions about Netherlands dismissal law.
For a dismissal in the Netherlands it is necessary that the legal criteria for dismissal are met. Below is a list of the reasonable grounds for dismissal regulated by law on the basis of which an employment contract can be terminated:
b. Long-term disability or illness
c. Frequent absence with unacceptable consequences
e. Culpable act or omission
f. Refusal to work due to serious conscientious objection and modification not possible
g. Disrupted employment relationship
h. Other circumstances that are such that continuation cannot be required
i. Cumulation ground (several incomplete dismissal grounds are combined)
With each dismissal, therefore, a choice must be made between the various grounds for dismissal, whereby since 1 January 2020 it is also possible to fall back on the cumulation ground (i).
In the event of a dismissal at the initiative of the employer, the employee is in principle entitled to the transition payment. This transition payment is not due in the event that the employee is dismissed for serious culpable acts or omissions, such as, for example, in case of immediate dismissal. Pay attention. If the cumulation ground is used, the court may increase the transition compensation by a maximum of 0.5.
Depending on the grounds for dismissal, the UWV procedure or the sub-district Court procedure must be followed. Before approving a dismissal, the Employee Insurance Agency or the sub-district Court checks whether it is a fair dismissal or not. Many conflict are settled by means of a termination agreement at an earlier stage. Together with the client we go through the options and together we determine the strategy that fits within the rules of Dutch dismissal law.
An employee who has been dismissed without consent, in the absence of permission or in breach of a dismissal prohibition may ask the court to annul the dismissal or to award compensation. An employee who has been dismissed pursuant to a dismissal permit may apply to the court for reinstatement or compensation. It is also possible to appeal a court order.
You can always come to us for a free exploratory interview of half an hour during which you can submit your legal problem to us. Based on this conversation you can decide whether you want to work with us. Contact us for an appointment. We are happy to assist you. Our motto is not for nothing: "Your problem, our concern."
Hein Kernkamp will gladly help you further.