Different forms of dismissal
By law, there are a number of different forms of termination. This also creates various dismissal procedures that the employer must adhere to. The procedure has been legally laid down for all dismissals since 1 July 2015. General rules apply when an employer may not be dismissed. For example, an employee may not be fired during illness. If the employee has been ill for more than 2 years, an employee may be dismissed.
In addition, in the event of a dismissal since 1 July 2015, there is always a notice period of one month. This is also the case with contracts with a temporary duration. Is an employer doing this too late? Then you are obligated to receive one month’s salary in addition to your dismissal. This is different if you are fired immediately. There must be a valid reason for a summary dismissal. If it is not available, you can dispute it legally with the help of an employment lawyer. You are not entitled to a WW benefit in the event of a summary dismissal.
Since 1 January 2020, you are entitled to a transition payment in various situations. You are entitled to this if you have been employed by the same employer for 2 years or more. You can use this amount to find a new job or to retrain yourself. It is important that if you become unemployed you know what your rights and obligations are. Legal advice from an employment lawyer may be important in this regard.
Unfortunately, discussions about labor conflicts are increasingly occurring nowadays. In theory, there is a relationship of authority in which you as an employee carry out what the employer instructs you to do. You are obliged to do this as long as the assignment is reasonable. Labor disputes arise if the assignment is not reasonable. For example, if you are involuntarily transferred to another department or if your holidays are not paid.
For example, if a company has an important interest. In such conflicts it is important that there is mediation at work. Of course you don’t want to lose your job due to an employment conflict. On the other hand, you would like the conflict to be resolved. If no agreements can be made, you can still go to court to claim your right.
You can then ensure that your request is granted. The judge will determine who is wrong and whether, for example, the employer must still comply with your request. On leave, a judge will regularly choose the employee’s side. An employment lawyer is important in these cases to find a solution together. It is preferable to try to avoid going to court. In this way you can properly resolve an industrial conflict.
Have you done work in the past period, but your employer refuses to pay this wage? Then he says he probably has very good reasons for not doing this. But is this allowed just like that? No, in most cases the employer is legally obliged to continue to pay your wages. If he does not do this, you can file a wage claim .
Legal assistance for employees
The world of the Dutch employment law is complex, especially if you are not in it every day. Of course you never assume that you need legal assistance, but unfortunately you cannot always avoid it. Are you fired by your employer and do you need the services of a specialist? Feel free to contact us without any obligation.<
The dismissal can be arranged in several ways. In many cases, an initial attempt will be made to terminate the collaboration between employer and employee by means of a settlement agreement . This is often the best and fastest way to terminate an employment contract.
Unfortunately, it is by no means always possible to terminate an employment contract with a settlement agreement, for example because one of the parties permanently disagrees with the provisions included in the settlement agreement. There is still the option to make use of labor mediation. Does this also not yield the desired result? Then a dismissal procedure will have to be started at the UWV or the subdistrict court. We provide you with all important information about employment law and dismissal.
In the Netherlands, an employer is not allowed to fire an employee just like that. There must be a good reason for this. When can an employee be dismissed with immediate effect and when is there a commercial dismissal? We are happy to tell you more about the various dismissal reasons. With us you will find more information about the following matters:
- Economic dismissal
- Act culpable
- Disturbed employment relationship
- Incapacity for work
- Dismissal in probation
- Not renewing a temporary contract
A dismissal can be effected in various ways. An employee can of course quit the job himself. In this case, there are a few things to take into account, such as, for example, the expiry of the right to unemployment benefit in most situations and observing the notice period. When the employer wants to fire an employee, there are also several avenues that can be taken. The right way, of course, depends on the situation. For example, a different dismissal procedure must be started when an employee has been ill for more than two years than when the employee is not performing well enough. These are just examples. We provide you with more information about the following dismissal procedures:
- Mutual agreement
- Dismissal proceedings before subdistrict court
- Dismissal procedure at UWV Werkbedrijf
- Apparently unfair dismissal
- Interim injunction
- Labor mediation
- Settlement Agreement
If you are fired, or resign, this will of course have the necessary financial consequences. If your employer fires you, you are entitled to a transition payment in several situations. Previously, this was also referred to as severance pay and in certain situations even a ‘golden handshake’. There are still reserves open on the day you leave the company. You can think of, for example, accrued holidays that you have not yet taken and of course holiday pay. These are just examples of funds to which you are still entitled. A final settlement must therefore take place. Are you being fired and have you not yet found another job on the day you actually leave the company? Then in many cases you are entitled to unemployment benefit. It is then important that the settlement agreement,if this is the case, it has been drawn up correctly. You can read more about the following matters financially:
- Transition Payment
- Final settlement of employment
- Unemployment benefits
- Wage claim
Labor law concerns the branch of law that regulates the relationship between employer and employee. The purpose of employment law is to provide clarity about your rights and obligations. Every company has to deal with laws and regulations. These are laid down in the Civil Code. Without the rules as formulated in labor law, there would be too much imbalance between employer and employee. The protection of employees is paramount within this branch of law. Labor law is subject to politics. It was amended on 1 January 2020 with the entry into force of the Balanced Labor Market Act.
The importance of employment law for employers
Although employment law appears to be mainly important for the employee, knowledge of this is also important for you when you have the role of employer. After all, if you comply with the rules regarding employment law, you cannot be held liable and you will not have to deal with proceedings, expensive lawyers and compensation. Respecting employment law also promotes the working atmosphere and thus the performance of your staff and it promotes the image of your company.
Collective labor law
Within employment law, a distinction is made between collective and individual employment law. Collective labor law concerns the organized consultation between employers and employees at an organizational level. The interests of employees are usually represented by organizations such as a works council and trade unions, while the employers’ organizations represent the interests of the employer. Collective labor law can in fact be seen as a description of the collective relationships and the associated ‘rules of the game’.
Individual employment law
Individual employment law does not concern a global group of employees, but regulates the relationship between employer and employee. This denominator includes both rights and obligations of both in the recruitment, execution and suspension of the employment contract. A suspension of the employment contract takes place in the event of, for example, a long-term illness, dismissal for urgent reasons or the use of competing activities by an employee. Individual employment law concerns all aspects relating to the contractual relationship.
The Working Hours Act
The Working Hours Act is one of the most important laws in employment law, for both employers and employees. It is not good for health and safety in the workplace to work for long periods of time. That is why the government has drawn up rules regarding working and rest times for employees. In addition to guaranteeing health and safety, this law has another function within employment law. It also makes it easier for employees to combine work tasks with private tasks such as caring for children. The rules apply to everyone from the age of eighteen, regardless of the contract form.
The Working Conditions Act
The Working Conditions Act also plays an important role in employment law. This act lays down how companies must guarantee safe and healthy working conditions. The purpose of this law is to prevent work-related illnesses and accidents. The Working Conditions Act, also known as the Working Conditions Act for short, does not describe any specific rules. The law describes general provisions and guidelines.
Both employers and employees have a role within the Working Conditions Act. For example, an employer must map out the risks of certain activities and take measures against them. An employee is expected to follow safety instructions and use the protective equipment available.
The Work and Care Act
A third important law within employment law is the Work and Care Act. Various types of leave have been laid down under this Act to which employers may be entitled. This includes maternity leave, maternity leave, short or long-term care leave and emergency leave. The fact that you as an employer are entitled to a certain type of leave does not mean that it is by definition paid. This is the case with maternity leave, but this need not be the case with long-term care leave. Additional arrangements may also be included in a collective labor agreement.
Feel free to contact us regarding Dutch employment law issues
Do you have a legal dispute at work and do you want to know what your rights and obligations are? Then you have come to the right place at the Employment law firm Netherlands. We advise on and provide assistance with both collective and individual employment law and are aware of legislative changes introduced by politicians. Do you need legal assistance in the field of employment law? Please do not hesitate to contact us.