Immediate legal assistance with dismissal in The Netherlands
A dismissal situation in The Netherlands is often not only frustrating but also complex. You suddenly find yourself navigating a field brimming with legal rules, and there’s a multitude of things that need arranging. Frequently, you may encounter questions to which you don’t know the answers. For instance, should you object to the dismissal, or would it be better to agree to it? Are you entitled to financial compensation for your dismissal in The Netherlands? What about your benefit rights? It’s crucial to ensure these aren’t jeopardized by overlooking important steps in the dismissal procedure. We are prepared to assist you through this emotionally and legally intricate process. The specific aspects you need to focus on and the complexity of the procedure vary with each dismissal case. The reason for the dismissal and the method by which it is executed play significant roles in determining the strategies that will best help you navigate the process.
Dismissal via UWV, subdistrict court or settlement agreement
If your employer intends to terminate your employment, several routes are available. A dismissal application can be processed either through the UWV or the subdistrict court. Additionally, your employer may propose a settlement agreement, which could be in close consultation with you or not. In such instances, the dismissal occurs with mutual consent, eliminating the need for approval from the UWV or the subdistrict court. This approval is also not required for immediate dismissal, but in these cases, your employer must have an urgent and valid reason. The question then arises: when is each route applicable?
Dismissal with Permission from the UWV
If you face dismissal due to economic reasons or because you have been ill for two consecutive years, your employer is required to seek approval for your dismissal from the UWV. The UWV serves as a gatekeeper, scrutinizing whether the dismissal application fulfills all necessary criteria. This includes verifying if your dismissal is truly unavoidable and whether your employer has met all its obligations. For instance, if your dismissal is health-related, your employer is obligated to exhaust all means for your reintegration. Similarly, in cases of economic dismissal, such as during a reorganization, the UWV examines whether there is genuinely no suitable employment available for you within the company and if the proper sequence of employee dismissal has been adhered to.
A Dismissal Procedure at the Subdistrict Court
Dismissal cases unrelated to business economic reasons or long-term illness are typically handled by the subdistrict court. These might include dismissals due to a disrupted employment relationship, refusal to work, or dysfunction. In such scenarios, your employer can petition the subdistrict court judge to dissolve your employment contract, supported by a well-substantiated dismissal file. This step can also be taken if the UWV has previously refused a dismissal permit, allowing your employer to pursue your dismissal through legal proceedings.
You might also approach the subdistrict court if you wish to contest your dismissal. This could be because you disagree with a dismissal permit issued by the UWV or if you believe you were wrongfully dismissed immediately by your employer. Immediate dismissal by an employer, without the involvement of the UWV or the subdistrict court, is permissible only for urgent reasons. These reasons typically involve seriously culpable acts, such as theft, fraud, assault, or aggressive behavior. In cases of immediate dismissal, you are generally not eligible for unemployment benefits.
The Application for Dismissal and the Statement of Defense
If your employer seeks to dismiss you through the UWV or the subdistrict court, the process generally unfolds in three stages. It begins with the submission of a dismissal application or a petition to dissolve your employment contract. Your employer submits this application to either the UWV or the subdistrict court, often including supplementary documents such as performance review reports or business economic data. Once the application is complete, you will receive a copy, sent by either the UWV or the subdistrict court judge. Following this, you are allotted a period to submit your statement of defense. This written response allows you to express disagreement with the proposed dismissal, request higher severance pay, or propose other conditions related to the dismissal.
Subsequently, the UWV will notify you in writing about the decision to grant or deny the dismissal permit. If the case is proceeding through the subdistrict court, you will need to attend a hearing after submitting your statement of defense. At this hearing, both parties have the opportunity to verbally present their perspectives. Finally, you will receive the subdistrict court judge’s final decision in writing.
Dismissal without the Intervention of UWV or Subdistrict Court
Terminating an employment contract through mutual consultation, without involving the UWV or the subdistrict court, is also a viable option. This approach can be advantageous for both parties, as formal proceedings often entail lengthy, costly, and uncertain processes. If you and your employer agree to a mutual dismissal, the terms of your contract termination will be outlined in a settlement agreement, also known as a termination agreement. This method is frequently chosen in situations like labor disputes or employee dysfunction. By offering a favorable severance package, your employer may aim to persuade you that signing the settlement agreement is the best course of action in a labor dispute. While this can be a beneficial solution, it’s important to be aware that specific conditions must be met and carefully considered.
Maintaining Your Benefit Rights
When agreeing to a dismissal through a settlement agreement, thereby bypassing the UWV or the subdistrict court, it’s crucial to ensure that you do not forfeit your benefit rights. To safeguard these rights, specific provisions must be incorporated into the settlement agreement. It should be explicitly stated that the dismissal is not due to any fault of your own. This implies that you have not engaged in any culpable behavior and that the initiative for the dismissal originates from your employer. Additionally, adherence to the correct notice period is essential, and there should be no ongoing illness at the time of your dismissal. If you are ill, it’s particularly important to scrutinize the terms if your employer seeks to terminate your employment. It is highly recommended to have a settlement agreement reviewed by an employment lawyer to ensure your rights and interests are adequately protected.
Dismissal in the Case of Illness
If you have been ill for an extended period, your employer may suggest terminating your employment through mutual agreement. The offer might include an attractive severance package, which can appear appealing. However, signing a settlement agreement while ill is generally not advisable, as it poses a significant risk of losing your benefit rights. During illness, specific rights and obligations are in place for both parties, including a prohibition on dismissal that typically safeguards you from being dismissed due to illness. It is crucial to consult a legal advisor if you are ill and your employer proposes termination. A legal expert can provide guidance and ensure that your rights are protected in such circumstances.
Legal Assistance with Dismissal
Navigating the complexities of dismissal law is a task where success hinges on adhering to the correct procedures and rules. The appropriate steps to take in a dismissal situation largely depend on the reasons for the dismissal and the specific procedures involved. If you are a statutory director or work in education, the applicable rules may differ from those in the general business sector. If you are dismissed while ill or believe you have been wrongfully terminated on the spot, it’s crucial that your defense is appropriately structured to meet these unique conditions.
Even if you have collaboratively formulated a settlement agreement with your employer, it’s wise to have it legally reviewed. Our role can include negotiating a higher severance payment and refining the agreement to ensure your benefit rights are fully protected, helping you navigate the dismissal process as smoothly as possible. Engaging a dismissal lawyer typically adds significant value for you as an employee. We are ready to provide assistance with your dismissal, whether it involves a settlement agreement, the UWV, or the subdistrict court. Curious about how we can help you? Please don’t hesitate to contact us to discuss your specific situation. We are here to offer our support and guidance.