Fired While Abroad or During Relocation? Your Rights as an Expat
You are at the airport. You have just landed in your home country for a well-deserved vacation. Or perhaps you are in the middle of a big move, waiting for the shipping container with your furniture to arrive in the Netherlands. Then, your phone buzzes.
It is an email from your boss. Or a calendar invite for an urgent call labeled “Status Update.” You pick up the phone, and your world stops. They are letting you go.
Being dismissed is always stressful. But being dismissed while abroad creates a unique kind of panic. You are not just losing a paycheck; you are geographically isolated. You are thousands of kilometers away from your files, your colleagues, and your support system. You might wonder: “Is this even legal? Can my Dutch employer fire me while I’m in another country?”
This feels like a tactical ambush. The good news is that Dutch employment law travels with you. Distance does not give your employer a free pass to break the rules. Whether you are on holiday, on a business trip, or in the middle of a relocation, your rights remain protected.
Why Employers Fire Expats While They Are Away
It seems cruel to fire someone when they are not in the country. Unfortunately, it is often a calculated strategic move.
Employers know that dismissing an employee face-to-face is difficult. By firing you while you are away, they avoid the confrontation. But there are more cynical reasons:
- Vulnerability: They count on you being distracted by your holiday or stressed about your move. They assume you won’t run immediately to a lawyer’s office.
- Logistical Barriers: They know you might not have easy access to printers or scanners to sign legal documents.
- Pressure to Settle: They bank on the idea that you won’t want the hassle of fighting a cross-border dismissal case from a different time zone. They view your physical absence as a weakness they can exploit to force a cheap settlement.
Is It Legal to Fire Someone Who Is Abroad?
A common myth is that you cannot be fired while you are on vacation. This is not entirely true, but the rules are strict.
Dutch law does not strictly forbid firing someone who is abroad. However, the employer must follow the exact same procedures as if you were sitting at your desk in Amsterdam.
1. Summary Dismissal (Instant Firing)
If they want to fire you instantly (ontslag op staande voet), they must do so “immediately” after discovering an urgent reason (like theft). If they wait until you go on holiday to fire you for something you did two weeks ago, the dismissal is likely invalid. A judge will ask: “If it was so urgent, why did you wait until they left the country?”
2. Illness Abroad
If you fall sick while visiting family abroad and report it, you have strong protection. Dutch law prohibits firing employees during the first two years of illness (the prohibition of termination). If your employer fires you immediately after you call in sick from abroad, claiming you are “faking it,” this is almost certainly illegal unless they have a medical opinion from a company doctor.
The Nightmare Scenario: Dismissal During Relocation
The most painful situations involve termination during relocation. Imagine you quit your job in your home country, gave up your apartment, and shipped your furniture. You arrive in the Netherlands, and on day two, they tell you the offer is rescinded or the role is gone.
The financial stakes here are much higher than a normal dismissal. You are fighting for survival costs:
- Who pays for the temporary housing you just booked?
- Who pays to ship your container back?
- Who covers the penalty for breaking the lease you just signed?
Standard settlement agreements rarely cover these damages. However, in a relocation dismissal case, you can argue that the employer acted recklessly. You may be entitled to Fair Compensation (billijke vergoeding) on top of the standard transition payment to cover these extreme costs.
Jurisdiction: Does Dutch Law Still Apply?
If you are working remotely from another country for an extended period, employers might try to argue that Dutch law no longer applies. They might try to fire you under local laws (which often offer less protection).
Generally, under European regulations, the “habitual place of work” decides the law. If you normally work in the Netherlands, live there, and pay Dutch tax, Dutch law applies—even if you are temporarily in Spain or the US when the email arrives. A specialized lawyer can help you prove that your rights to Dutch severance and notice periods are still valid.
Can They Force You to Fly Back?
Often, an employer will demand you return to the Netherlands immediately for a “formal conversation.”
Can they force you? Generally, no. While an employer can give instructions, they must be reasonable. Demanding that an employee flies halfway around the world on short notice just to be fired is usually not considered reasonable behavior (slecht werkgeverschap).
If you are sick, you absolutely do not have to travel. If you are on approved vacation, the employer generally has to wait until you return.
Steps to Take If You Receive a Dismissal Notice Abroad
If you receive that dreaded message while away, do not panic. Do not book the first flight back unless you want to. Follow these steps:
- Confirm Receipt but Disagree: Send a short email: “I have received your message. I am currently abroad. I do not agree with the dismissal and will respond fully after seeking legal advice.” This stops the clock.
- Secure Evidence: If they cut off your IT access, you lose your proof. Immediately save screenshots of WhatsApps and forward relevant personal documents (contract, payslips) to a private email if you still can.
- Document Your Location: Keep boarding passes and hotel receipts to prove you were on legitimate travel, not “unavailable without reason.”
- List Your Damages: Start a list of costs immediately (flight tickets, shipping costs, housing deposits). You will need this for the negotiation.
We Can Represent You Remotely
Being fired across borders makes you feel small and powerless. But you do not need to be physically present in the Netherlands to fight back.
Our firm specializes in international employment disputes. We represent clients all over the world who face conflicts with Dutch employers. We can handle the communications, the negotiations, and the legal filings for you, while you focus on your family and your next steps.
Are you stuck abroad or in the middle of a relocation conflict?
Contact us via email or video call. We can assess your case immediately and help you claim the compensation you are entitled to.