# LLMs.txt - Sitemap for AI content discovery # Dutch employment law firm > --- ## Pages - [Notice period](https://www.employmentlawfirm.nl/notice-period-netherlands/): Notice Periods and Termination of Employment Contracts: What Employees Need to Know Facing the termination of your employment contract can... - [Severance Pay](https://www.employmentlawfirm.nl/severance-payment-netherlands/): Understanding Severance Pay and Transition Payments in the Netherlands Are you an employee facing the prospect of dismissal or termination?... - [Garden Leave](https://www.employmentlawfirm.nl/garden-leave-netherlands/): Garden Leave: Your Rights as an Employee in the Netherlands Being placed on garden leave by your employer can be... - [Privacy](https://www.employmentlawfirm.nl/privacy/): Privacy Statement Declaration on the processing of personal data Employment Law Firm Keizersgracht 62 1015 CS Amsterdam 088 – 205... - [Disclaimer](https://www.employmentlawfirm.nl/disclaimer/): Disclaimer Article 1 Definitions Website: employmentlawfirm. nl and all its subpages; User: visitors of the website; Company: Employment Law Firm,... - [Employers](https://www.employmentlawfirm.nl/employers/): Legal Assistance for Employers Netherlands - Report Your Case Do you need immediate help as a company in The Netherlands?... - [Choose Assistance](https://www.employmentlawfirm.nl/choose-assistance/): I'm an: - [Transition payment](https://www.employmentlawfirm.nl/transition-payment/): The conditions for a transition payment in 2024 To be eligible for a transition payment, you must have an employment... - [Report your case](https://www.employmentlawfirm.nl/report-your-case/): Free settlement (termination) agreement check Immediate help with dismissal situations Secure your unemployment benefits Specialized in the settlement agreement A... - [Legal assistance](https://www.employmentlawfirm.nl/legal-assistance/): Legal Assistance for Employees Netherlands - Report Your Case Do you need immediate help as an employee in The Netherlands?... - [Dysfunction and dismissal](https://www.employmentlawfirm.nl/dysfunction-and-dismissal/): Dismissal due to dysfunction If your employer can demonstrate that you are not suitable for the performance of your job,... - [Disrupted employment relationship](https://www.employmentlawfirm.nl/disrupted-employment-relationship/): A disrupted employment relationship: how can this be solved? If there is a disturbed employment relationship between you and your... - [Employment contract](https://www.employmentlawfirm.nl/employment-contract/): Employment Contract f you enter into an employment contract, it is wise not to sign the contract immediately. Ask your... - [Non-compete clause](https://www.employmentlawfirm.nl/non-compete-clause-employment-contract/): Non-Compete Clauses in Dutch Employment Law: What You Need to Know in The Netherlands Non-compete clauses are common in Dutch... - [Wage claim](https://www.employmentlawfirm.nl/wage-claim/): Expert Legal Support for Your Wage Claim - Dutch Employment Law Firm If you are in paid employment, your employer... - [Dismissal after 2 years of illness](https://www.employmentlawfirm.nl/dismissal-after-2-years-of-illness/): Dismissal After 2 Years of Illness in The Netherlands Enduring long-term illness is taxing for both employees and employers in... - [Dismissal due to illness](https://www.employmentlawfirm.nl/dismissal-due-to-illness/): Dismissal Due to Illness in The Netherlands Dismissal due to illness is a delicate issue. If you have a long-term... - [Termination Agreement](https://www.employmentlawfirm.nl/termination-agreement/): Termination Agreement Upon Dismissal Facing the end of your employment can be daunting, especially when presented with a termination agreement.... - [Dismissal procedure through the subdistrict court](https://www.employmentlawfirm.nl/dismissal-procedure-through-the-subdistrict-court/): Dismissal procedure through the subdistrict court A dismissal procedure through the subdistrict court is often not only an annoying, but... - [Dismissal due to reorganization](https://www.employmentlawfirm.nl/dismissal-due-to-reorganization/): Dismissal Due to Reorganization If a company is experiencing economic difficulties, you, as an employee, may face dismissal due to... - [Dismissal](https://www.employmentlawfirm.nl/dismissal/): Immediate legal assistance with dismissal in The Netherlands A dismissal situation in The Netherlands is often not only frustrating but... - [Employment laywer](https://www.employmentlawfirm.nl/employment-lawyer/): Seek expert legal guidance from our Employment Lawyers in the Netherlands for expat challenges, dismissal cases, wage claims, and more. - [Conflict with employer](https://www.employmentlawfirm.nl/conflict-with-employer/): What to do in the event of a labor dispute with your employer? When you and your employer structurally disagree... - [Labor Dispute](https://www.employmentlawfirm.nl/labor-dispute/): Help with a labor dispute – legal assistance Everyone has a disagreement with a colleague or employer from time to... - [Settlement agreement check](https://www.employmentlawfirm.nl/settlement-agreement-check/): Free Agreement Check for Employees Always Have an Employment Lawyer Review Your Settlement (Termination) Agreement Before Signing Are you facing... - [Settlement agreement](https://www.employmentlawfirm.nl/settlement-agreement/): Imediate help with dismissal/settlement agreements from our lawyers. Free checks, safeguard benefits, 1000+ enhanced. Secure your rights. - [Economic dismissal](https://www.employmentlawfirm.nl/economic-dismissal/): Economic dismissal A commercial dismissal is when you have to be dismissed by your employer due to financial difficulties within... - [Home](https://www.employmentlawfirm.nl/home-2/): Get immediate legal assistance in employment law with a response within 2 hours. Specialized in Dutch employment rights, active nationwide. --- # # Detailed Content ## Pages ### Notice period Notice Periods and Termination of Employment Contracts: What Employees Need to Know Facing the termination of your employment contract can be a daunting experience, but understanding your rights and obligations regarding notice periods is crucial. This comprehensive guide aims to equip you, as an employee in the Netherlands, with the knowledge you need to navigate the process smoothly, understand the importance of the notice period in dismissal, and protect your interests. What is a Notice Period? A notice period, the length of the notice period being crucial, is the amount of time an employee or employer must give in advance before terminating an employment contract. During this period, which mandates at least 1 month of notice, the employment relationship continues, and both parties must fulfill their contractual obligations. The notice period ensures a smooth transition and allows both parties to make necessary arrangements. Free Settlement Agreement Check by Dutch Lawyer Employment Lawyers Available Today Until 6 PM Free check of your settlement or termination agreement Safeguard your unemployment benefits Over 1000 Agreements auccessfully adjusted and enhanced Comprehensive review and resolution for your peace of mind Statutory Notice Periods in the Netherlands In the Netherlands, the statutory notice period, influenced by labour law, is determined by the length of your employment and is regulated by Dutch employment law. Generally, the longer you have been employed under a permanent employment contract, the longer the notice period. The minimum notice period is one month, but it can extend up to four months for... --- ### Severance Pay Understanding Severance Pay and Transition Payments in the Netherlands Are you an employee facing the prospect of dismissal or termination? Understand your rights to severance and transition payments in the termination of your employment relationship. It's crucial to understand your rights, particularly when it comes to severance pay and transition payments. This comprehensive guide will walk you through everything you need to know about these crucial compensation packages, ensuring you're fully informed and prepared for the journey ahead. Free Settlement Agreement Check for Severance Pay by Dutch Lawyer Employment Lawyers Available Today Until 6 PM Free check of your settlement or termination agreement Safeguard your unemployment benefits Over 1000 Agreements auccessfully adjusted and enhanced Comprehensive review and resolution for your peace of mind Understanding Severance Pay and Transition Payments in the Netherlands Are you an employee facing the prospect of dismissal or termination? Understand your rights to severance and transition payments in the termination of your employment relationship. It's crucial to understand your rights, particularly when it comes to severance pay and transition payments. This comprehensive guide will walk you through everything you need to know about these crucial compensation packages, ensuring you're fully informed and prepared for the journey ahead. What is Severance Pay? Severance pay, also known as a severance package, is a lump-sum payment or series of payments provided by an employer to an employee upon termination of their employment contract. It is designed to compensate the employee for their years of service and to provide financial... --- ### Garden Leave Garden Leave: Your Rights as an Employee in the Netherlands Being placed on garden leave by your employer can be a confusing and stressful situation. This article aims to explain what garden leave is, how it works in the Netherlands, and what you need to know to protect your rights and entitlements. Whether you're facing dismissal or termination, or considering signing a settlement agreement, this comprehensive guide is worth reading. What is Garden Leave? Garden leave is a clause often found in employment agreements, whereby an employee who is being dismissed or terminated is required to stay away from work during their notice period. While on garden leave, the employee continues to receive their salary and benefits but is exempt from work duties. This arrangement is intended to prevent the employee from accessing confidential information or working for a competitor during the notice period. Free Settlement Agreement Check by Dutch Lawyer Employment Lawyers Available Today Until 6 PM Free check of your settlement or termination agreement Safeguard your unemployment benefits Over 1000 Agreements auccessfully adjusted and enhanced Comprehensive review and resolution for your peace of mind When Can an Employer Put You on Garden Leave? In the Netherlands, an employer can place you on garden leave if there is a valid clause in your employment contract or settlement agreement. This clause typically comes into effect when the employer decides to terminate your employment or when you resign from your position. Your Entitlements During Garden Leave During garden leave, you are... --- ### Privacy Privacy Statement Declaration on the processing of personal data Employment Law Firm Keizersgracht 62 1015 CS Amsterdam 088 – 205 1719 May 2018 Personal data we process Employment Law Firm processes your personal data because you use our services and/or because you provide them to us yourself. Below is an overview of the personal data we process: First and last name Address details Phone number Email address IP address Other personal data that you actively provide, for example, by uploading an agreement on this website, in correspondence, and by phone Information about your activities on our website Internet browser and device type Special and/or sensitive personal data we process Our website and/or service does not intend to collect data about website visitors who are under 16 years of age unless they have permission from parents or guardians. However, we cannot check whether a visitor is over 16. We, therefore, recommend that parents be involved in their children's online activities to prevent data about children from being collected without parental consent. If you are convinced that we have collected personal information about a minor without that consent, please contact us via the contact form on the website, and we will delete this information. For what purpose and on what basis we process personal data Employment Law Firm processes your personal data for the following purposes: To be able to call or email you if necessary to carry out our service or to be able to execute our agreement Automated decision-making Employment... --- ### Disclaimer Disclaimer Article 1 Definitions Website: employmentlawfirm. nl and all its subpages; User: visitors of the website; Company: Employment Law Firm, the authorized publisher of the webpage; The following applies to our website. By using the website, you agree to this disclaimer. Employment Law Firm regularly updates the content of the website and keeps the website up to date. Despite these efforts, the content of this website may be incomplete or outdated. Employment Law Firm does not guarantee the accuracy or completeness of the information consulted on this website in any way. Employment Law Firm does not guarantee the security of our website and therefore cannot be held liable for any damage suffered directly or indirectly from the use of our website. Employment Law Firm is not responsible for pages of external parties that are referred to; Employment Law Firm provides information on its website without any warranty or guarantee. No rights can be derived from the information on the website in any way; Employment Law Firm cannot be held liable for any damage of any kind resulting from the use of the information on our website; Employment Law Firm may change or terminate the website at its discretion and at any time. Employment Law Firm cannot be held liable for the consequences of changes or termination of its website; The user is responsible for the use of all information provided on our website; --- ### Employers Legal Assistance for Employers Netherlands - Report Your Case Do you need immediate help as a company in The Netherlands? Fill out the form below and we will contact you as soon as possible. Response within 1 hour. How Does the Registration Process Work? Sign Up: Start by filling in your details in the form below. Ensure you provide all the necessary information so we can effectively assess your case. Personal Contact: Once your application has been evaluated, we will reach out within 1 hour to you via phone. This call is completely non-obligatory. During the conversation, we will discuss your situation and explain how our legal services can support you. Legal Assistance for Employers Are you seeking legal assistance as a company? Please fill in your contact details, and we will contact you to discuss your situation and our legal services. Immediate Legal Support from Expert Employment Lawyers Accessible daily until 6 PM for prompt, expert legal advice on employment matters. Guaranteed Rapid Response: Reply Within 1 HourGet fast responses to urgent legal inquiries, with a lawyer's reply within one hour. Expertise in Your Employment RightsRely on our legal team's deep understanding and defense of your employer rights for informed, effective advice. Dutch Employment Law SpecialistsOur team, specializing in Dutch employment law, is adept at navigating the Netherlands' legal intricacies, offering customized, skilled legal support. Transparent and Competitive Pricing for Employers Experience clear and straightforward pricing tailored for businesses. Our competitive rates are designed to align with your company's... --- ### Choose Assistance I'm an: --- ### Transition payment The conditions for a transition payment in 2024 To be eligible for a transition payment, you must have an employment contract. In addition, your employment contract must have been terminated by your employer or dissolved at the request of your employer. The same applies if, at the initiative of your employer, your temporary employment contract was not continued immediately upon its expiry. Finally, you may not have entered into a subsequent employment contract within six months, which can be terminated prematurely, before the termination of your employment contract. More information about a settlement agreement or termination agreement. If the employer has acted or failed to act seriously culpably In addition, your employer may owe you a transition payment if you yourself terminate, dissolve or do not continue your employment contract as a result of seriously culpable acts or omissions on the part of your employer. Also transition compensation for a temporary contract or probationary period ! You may also be entitled to a transition payment in the event of a short-term employment contract, temporary employment contract or dismissal during the probationary period. Changes in transition payment rules in 2020 as a result of the Wab With the new legislation regarding the transition payment, you no longer need to have been employed by your employer for at least two years before you can be entitled to the transition payment in the event of dismissal. This was the case before. Elevated construction abolished From 1 January 2020, the increased accrual of the... --- ### Report your case Free settlement (termination) agreement check Immediate help with dismissal situations Secure your unemployment benefits Specialized in the settlement agreement A better dismissal proposal for 85% 1000+ agreements adjusted and improved Employment law legal assistance Immediate help with employment law Response within 1 hour Specialized in employment law Netherlands Employer? Click here --- ### Legal assistance Legal Assistance for Employees Netherlands - Report Your Case Do you need immediate help as an employee in The Netherlands? Start by filling in your details in the form below. Ensure you provide all the necessary information so we can effectively assess your case. Once your application has been evaluated, we will reach out. During the conversation, we will discuss your situation and explain how our legal services can support you. Report your case Are you seeking legal assistance for your case? Please fill in your contact details, and we will contact you to discuss your situation and our legal services. For a settlement or termination agreement, click here. Immediate Legal Support from Expert Employment Lawyers Accessible daily until 6 PM for prompt, expert legal support on employment matters. Guaranteed Rapid Response: Reply Within 1 HourGet fast responses to urgent legal inquiries, with a lawyer's reply within one hour. Expertise in Your Employment RightsRely on our legal team's deep understanding and defense of your employment rights for informed, effective advice. Dutch Employment Law SpecialistsOur team, specializing in Dutch employment law, is adept at navigating the Netherlands' legal intricacies, offering customized, skilled legal support. Transparent and Competitive Pricing Cost-Effective Legal Services: Our services are available at a straightforward rate of €125 per hour, covering everything from consultations and emails to letter drafting and detailed document reviews. We ensure high-quality legal assistance at a fair price. Exceptional Value for Money: Our competitive rates reflect our commitment to providing exceptional service and value.... --- ### Dysfunction and dismissal Dismissal due to dysfunction If your employer can demonstrate that you are not suitable for the performance of your job, you may be faced with dismissal due to poor performance. However, there are many rules that your employer will have to follow closely. For example, you must have been given the opportunity to improve your performance, and the preconditions, or the circumstances in which you have to perform your work, must be in order. In addition, your dysfunction may not be caused by illness or other aggravating private circumstances. When is a dismissal due to dysfunctional right or wrong and what can you as an employee do if you think the dismissal is unjustified? The definition of dysfunction When it comes to diagnosing dysfunction at work, we find ourselves in somewhat of a gray area. Because how can an employer determine that you are not doing your job properly, without a certain degree of subjectivity being involved? In the event of dismissal due to malfunctioning, your employer will therefore have to submit a very well-substantiated file. There may be justifiable dismissal for performance if you fail to meet your goals, if you fail to complete the amount of work you are required to do, or if the quality of the work delivered is of insufficient quality. Even if you are bad at dealing with customers or colleagues, this can be regarded as dysfunctional. If your dysfunction is caused by poor working conditions (for example, the resources you need to do... --- ### Disrupted employment relationship A disrupted employment relationship: how can this be solved? If there is a disturbed employment relationship between you and your colleague, employer or employee, that is very annoying. It causes you a lot of tension and stress and in some cases even so much that an employee calls in sick. Tensions can run high, especially when the job of the person concerned is jeopardized by the disrupted employment relationship that has arisen. An uncertain and difficult period is also dawning for employers. A disrupted employment relationship has a structural character A disrupted employment relationship occurs when disputes persist for a long time and are not or not properly addressed. We often see that a disrupted employment relationship has come about after several small problems where no proper action has been taken, but also a single situation can suddenly burst the proverbial bomb. A disturbed employment relationship is therefore a structural problem that cannot be solved easily and is therefore something very different from an isolated discussion or difference of opinion in the workplace. How can a disrupted employment relationship arise? In order to resolve a disrupted employment relationship, it is first of all important to realize what caused it. That can be different for every situation. Disputes can arise due to misunderstandings about roles and responsibilities. If these are not clear, it could result in a collision. It is also often heard that an employee has the feeling that he has too much to say or that he has to... --- ### Employment contract Employment Contract f you enter into an employment contract, it is wise not to sign the contract immediately. Ask your future boss if you can take the contract home with you. You may wish to obtain legal advice on the employment contract before signing a contract. Especially if you're wondering if some things are allowed in your agreement. When you enter into an agreement, there are two types of agreements. There is an agreement for a definite period of time and for an indefinite period of time. For example, with a fixed-term contract, you enter into a contract for six months, one year or two years. With a contract for an indefinite period you will be given a permanent appointment within a company. Primary and secondary employment conditions Primary and secondary employment conditions are described in the terms of employment of your employment contract . The primary terms and conditions of employment relate to wages, working hours, working hours and the number of vacation days to which you are entitled. Secondary benefits are actually extras that you get. For example, a company car or a laptop, pension scheme and travel allowance. Agreements are often made about this during the job interview. These agreements are included in the employment contract. So check carefully whether all agreements are in the contract. Probationary period in your employment contract It is normal for a probationary period to be included in your employment contract . The probation period is intended to see whether the agreement... --- ### Non-compete clause Non-Compete Clauses in Dutch Employment Law: What You Need to Know in The Netherlands Non-compete clauses are common in Dutch employment contracts. But what exactly are they, and what details should you be privy to about these non-competition clauses in the Netherlands? This article provides an overview of non-compete clauses under Dutch employment law. A non-compete clause prevents an employee from working for a competitor or starting a competing business after leaving their employer. The clause is designed to protect the employer's business interests. However, a non-compete clause must be clear and comply with some distinct necessities for their legality under Dutch law. This article covers key questions around non-compete clauses in the Netherlands: Can employers use a non-compete clause in an employment contract? Yes, Dutch employers can include a non-compete clause in employment agreements. However, the clause must be agreed upon in writing for it to be valid. The purpose of such a clause is to prevent unfair competition from former employees. But employers cannot enforce a non-compete clause without limitations. Restrictions must be reasonable and necessary to protect legitimate business interests. What constitutes a legitimate business interest for a non-compete clause? Dutch law acknowledges merely three legitimate employer’s interests for non-competition agreements: Safeguarding trade secrets or confidential information Protecting client relations that require special trust Preventing unfair solicitation of employees away from the company If a non-compete clause serves different purposes, Dutch courts may rule it invalid. Can employers use non-compete clauses in all employment contracts? No. Non-compete... --- ### Wage claim Expert Legal Support for Your Wage Claim - Dutch Employment Law Firm If you are in paid employment, your employer is obligated to pay your wages periodically, typically monthly or every four weeks. While this process generally proceeds smoothly, there may be instances where you have a wage claim against your employer. Such situations could arise from dismissal, illness-related absenteeism, or disputes with your employer. It’s also possible for an employer to withhold your salary after resignation or termination. For legal assistance, please contact us. Unpaid Wages and Employer Non-Payment Should your employer refuse to pay your salary without valid reason, they are in breach of contract, and you may initiate a wage claim. Legally, there are very few justifications for withholding salary payments. An employer can suspend payment if you refuse to work or fail to participate in a reintegration process after illness, but these are exceptional circumstances. Some employers might withhold wages as a form of leverage, though this is rarely upheld by judges. Using salary suspension to pressure employees is unquestionably unprofessional, making it all the more important to contest such practices. Immediate Legal Assistance for a Wage Claim Our employment lawyers are available today Our employment lawyers are available on weekdays until 6 PM to assist you Immediate help with wage claims Response within 1 hour Specialized in wage claims A Wage Claim After Dismissal If you resign or are dismissed, your employer is required to pay your salary through the last day before your resignation... --- ### Dismissal after 2 years of illness Dismissal After 2 Years of Illness in The Netherlands Enduring long-term illness is taxing for both employees and employers in The Netherlands. During your illness, your employer is barred from dismissing you and is obliged to continue wage payments. Sick employees enjoy legal protection through a termination prohibition, which prevents easy dismissal within the first two years of illness. However, post two years, the situation shifts as the dismissal ban concludes. At this juncture, your employer might seek your dismissal from the UWV, often motivated by two years of salary payments without your active work contribution. Yet, dismissal post-two years involves intricate rules. Applying for Redundancy at the UWV After a continuous two-year illness, your employer's wage payment duty ceases. This might lead to a wage halt during the dismissal procedure. However, dismissal isn't automatic after two years of illness; it requires your employer to apply for it through the UWV. The UWV critically evaluates your employer's reintegration efforts during this process. In cases of illness, employers must strive to facilitate your work return, possibly by assigning a different, suitable role within the company or offering retraining. Should your employer fall short in these responsibilities, the UWV might enforce sanctions, mandating continued wage payments for up to a year, during which dismissal is prohibited. No Prospect of Recovery In assessing a dismissal request, the UWV considers both your employer's reintegration actions and your engagement in the process, like participating in adapted tasks or training. The UWV also examines your ability... --- ### Dismissal due to illness Dismissal Due to Illness in The Netherlands Dismissal due to illness is a delicate issue. If you have a long-term illness, your employer is generally prohibited from issuing a notice of termination during the first two years of your illness. This means you cannot be simply fired during this period. However, this doesn't prevent some employers from attempting to do so. Additionally, there are several exceptions to the termination prohibition, which, under certain circumstances, allow employers to dismiss sick employees. Regrettably, it's common for some employers to exhaust all means to dismiss a sick employee. The negative atmosphere this creates might lead you to consider agreeing to the dismissal. The stress generated in such situations can be overwhelming, particularly when you are already ill and need your energy for recovery. Nonetheless, it is usually advisable not to hastily accept dismissal during illness; as a sick employee, you hold a strong legal position. Strong Dismissal Protection Our legal system in the Netherlands provides robust protection against dismissal in cases of illness. As a sick employee, you cannot be dismissed arbitrarily. However, there are specific rules associated with this protection that you, as a sick employee, must follow. For instance, you are expected to actively participate in your own reintegration. An action plan will be developed in consultation with the company doctor. You are obligated to contribute your best efforts in both formulating and assessing this plan, and to engage in reintegration activities as soon as feasibly possible. Additionally, you should be... --- ### Termination Agreement Termination Agreement Upon Dismissal Facing the end of your employment can be daunting, especially when presented with a termination agreement. If you're working in Amsterdam, understanding this document under Dutch law is critical. Many employers use a termination agreement to formalize the end of the employment, but what does it mean for you, the employee? This guide explains what a termination agreement entails, why getting your agreement checked by a lawyer termination specialist is vital, and how it impacts your rights. Reading this will give you clarity and confidence in handling your termination agreement. Immediate Help With a Termination Agreement? Our Employment Lawyers Are Available Today Until 6 PM Free check of termination agreement Secure your unemployment benefits 1000+ agreements adjusted and improved Everything checked & resolved What exactly is a termination agreement under Dutch law? A termination agreement, often used interchangeably with a settlement agreement (vaststellingsovereenkomst) under Dutch law, is a legally binding contract between employer and employee. Its purpose is to terminate an employment contract by mutual consent. Instead of the employer initiating a formal dismissal process, both parties agree on the terms to end the employment. This agreement outlines the terms and conditions of the departure, ensuring clarity for both sides. This document essentially formalizes the termination of the employment agreement by mutual consent. The termination agreement specifies crucial details like the final date of employment, any severance payment, how outstanding leave is handled, and other relevant clauses. For employees, especially those unfamiliar with Dutch employment practices,... --- ### Dismissal procedure through the subdistrict court Dismissal procedure through the subdistrict court A dismissal procedure through the subdistrict court is often not only an annoying, but also a complex matter. For you as an employee, this usually means that you have unintentionally ended up in a dismissal situation. If your employer applies for your dismissal through the subdistrict court, you can in some cases object to this. Whether such a process is promising depends to a large extent on the reason for the dismissal and on how strong your employer's dismissal file is. However, it is always important to negotiate the conditions under which your employment contract will be terminated in a dismissal procedure through the subdistrict court. In particular, retaining your right to benefits and the amount of your severance pay are things to keep a close eye on. Reason for dismissal Not all dismissal cases go through the subdistrict court. If you are dismissed for business economic reasons or if you are dismissed after two years of illness, the application for dismissal will be submitted via the UWV. Dismissal procedures that go through the subdistrict court always have to do with dismissal for personal reasons. You can think of a disturbed employment relationship, or an industrial dispute, between you and your employer, or a refusal to work, for example because of strong conscientious objections in the performance of your work. Even if you are dismissed because you are not functioning properly, the procedure will go through the subdistrict court. A dismissal procedure through the... --- ### Dismissal due to reorganization Dismissal Due to Reorganization If a company is experiencing economic difficulties, you, as an employee, may face dismissal due to reorganization. When a reorganization occurs for economic reasons, an employer is permitted to lay off employees. However, this is not a straightforward process. Your employer must adhere to a set of fair guidelines before they can legally dismiss you due to reorganization. If you are facing dismissal during a reorganization, it's important to know what to look out for and what steps you can take if you believe your dismissal is unjustified. Reorganizing for Economic Reasons Dismissal due to reorganization is permissible only if the reorganization is for economic reasons. This typically indicates that the company is in a severe financial predicament. However, it could also mean that changes in technology or the divestiture of certain business units necessitate a reduced workforce. A reorganization for economic reasons is allowed if it can be proven that the company can survive only through reorganization. In this case, reorganization becomes the sole solution to prevent bankruptcy and preserve the remaining positions. Immediate Help with Dismissal with a Settlement Agreement? Free Check! Our employment lawyers are available today until 9:30 PM Free check of settlement agreement (= termination agreement) Secure your unemployment benefits 1000+ agreements adjusted and improved Everything checked & resolved The Consequences of a Reorganization A reorganization doesn't always lead to layoffs. Alternatives like decreased working hours, role shifts, or moving to another company branch can be discussed between employees and employers.... --- ### Dismissal 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... --- ### Employment laywer Dutch Employment Lawyer Expertise: Get Help with Your Legal Challenges in the Netherlands Today! If you need specialized advice in employment law or are an expat facing employment challenges in The Netherlands, don't hesitate to contact us. Our Dutch employment lawyers have extensive experience in advising and litigating for individuals and are ready to provide you with the necessary legal assistance. We are dedicated to protecting your rights and interests, offering a personal and professional approach to resolving legal challenges in Dutch employment law. Dutch Employment Law Employment law, a significant field of employment law in the Netherlands, encompasses the complex employment relationships between employers and employees. Dutch employment law and labor law are integral in defining these interactions, ensuring a balance of rights and interests. This legislation, deeply rooted in both individual employment law and wider employment and labour law, outlines various rules and agreements, such as those in employment agreements, including the maximum probationary period, vacation days, wages, and additional provisions like the use of a lease car. A cornerstone of Dutch labour law is the mandatory nature of legislation concerning work and dismissal. This legal framework, aimed at protecting employee rights, eliminates power disparities, fostering fair employment conditions. Despite the clarity of Dutch legislation, disputes, often related to termination, wages, and vacation days, are common. Such employment disputes call for expert legal advice, particularly from lawyers specialising in employment law. Immediate Assistance from Experienced Employment Lawyers Prompt Assistance from Experienced Employment Lawyers (Available Daily Until 6 PM)... --- ### Conflict with employer What to do in the event of a labor dispute with your employer? When you and your employer structurally disagree about a specific situation and you both fail to find a solution, this is referred to as a labor dispute between your employer and you. Such a difference results in a fairly insecure and therefore stressful situation for you as an employee. In particular, there is the fear of temporarily not being paid or losing your job altogether. Contacts with other colleagues can also come under pressure, just like customer relationships, as a result of a labor dispute with your employer. That is why, as an employee, it is in the best interests of you to resolve a labor dispute with your employer as quickly as possible. Practice shows that more than three quarters of labor disputes can be resolved in the short term with the use of mediation. Mining labor dispute. nl offers both legal assistance and employment mediation. We are experienced professionals with the right legal knowledge. A labor dispute with your employer does not necessarily lead to job loss For you as an employee, there are many uncertainties about the effect of a labor dispute with your employer. People often live with the fear that this will inevitably lead to dismissal . However, if you have a labor dispute with your employer, it may also be that this is not your fault. To make this as hard as possible, you must be able to demonstrate that you... --- ### Labor Dispute Help with a labor dispute – legal assistance Everyone has a disagreement with a colleague or employer from time to time. By talking to each other, looking for solutions and adding water to the wine, the vast majority of them can be solved. However, if differences persist for a long time and are not or not properly addressed, there is a danger of a labor dispute. If you cannot reach an agreement with your colleague or employer, this can have major motivational, emotional and financial consequences. This often results in reporting sick. We offer help with a labor dispute through legal assistance or labor mediation. What can lead to a labor dispute? Every organization communicates in a different way and uses its specific manners and leadership style. When the roles and responsibilities of everyone are clearly and explicitly described, the chance of misunderstandings is limited. However, are these things not properly aligned and is there also no structure for using feedback? Then a labor dispute looms. Of course, large personal differences in opinions and/or personality can also play a role in the development of a conflict. This makes it easy to blame. Labor dispute and absenteeism Absenteeism due to a labor dispute is probably much more common than you think. Every year, 70,000 to 100,000 sick days are the result of a labor dispute. Although a labor conflict is not a reason for reporting sick, simply because there is no illness , the consequences of a labor conflict on an... --- ### Settlement agreement check Free Agreement Check for Employees Always Have an Employment Lawyer Review Your Settlement (Termination) Agreement Before Signing Are you facing dismissal through a settlement agreement proposed by your employer? Hold off on signing right away. It’s crucial to have any settlement agreement (also known as a termination agreement) thoroughly reviewed by an employment lawyer before you proceed. Failing to meet specific requirements in the agreement could jeopardize your eligibility for unemployment benefits, among other potential issues. Even a small error in the agreement can lead to significant financial or legal repercussions. It’s essential not to finalize an employment contract with a settlement agreement without first obtaining professional legal advice. Have you received a dismissal proposal from your employer and need it reviewed? Simply upload your settlement or termination agreement for a free check below. Request a Free Agreement Check for Employees Submit your contact information and upload your employer's dismissal proposal. Immediate Assistance with Settlement AgreementsGuaranteed response within 1 hour Specialized in Settlement and Termination Agreements Over 1000 Agreements Successfully Adjusted and Enhanced A minor error in your agreement can lead to major financial or legal consequences. Always have your agreement reviewed by an employment lawyer. About Us Our team comprises employment law experts specializing in settlement agreements and termination agreements in the Netherlands. We meticulously review your dismissal to ensure you can part ways with your current employer confidently and with peace of mind. Employment Law Firm / Arbeidsrecht. legal Keizersgracht 62 1015 CS Amsterdam The Netherlands We are... --- ### Settlement agreement Settlement Agreement Netherlands - Free check Dealing with a potential dismissal is stressful. Your employer might present you with a settlement agreement (vaststellingsovereenkomst) under Dutch law as a way to end your employment. Understanding this document is crucial. This guide explains what a settlement agreement involves from your perspective as an employee, why seeking legal advice is vital, and how you can protect your rights and potentially negotiate better terms. Reading this will help you navigate this challenging situation with more confidence. Free Settlement Agreement Check by Dutch Lawyer Always Have an Employment Lawyer Review Your Settlement (Termination) Agreement Before Signing Free check of your settlement or termination agreement Safeguard your unemployment benefits Over 1000 Agreements auccessfully adjusted and enhanced Comprehensive review and resolution for your peace of mind What exactly is a Dutch settlement agreement (vaststellingsovereenkomst)? A Dutch settlement agreement, often called a vaststellingsovereenkomst or VSO, is a legally binding contract between an employer and an employee. Its main purpose is to terminate the employment agreement by mutual consent. This means both you and your employer agree to end the working relationship under specific conditions laid out in the settlement agreement. Instead of going through formal dismissal procedures via the UWV (Employee Insurance Agency) or the subdistrict court, this agreement must detail how things will end. This settlement agreement is a legally binding document once signed by both parties. It outlines all the final arrangements, such as the termination date, any severance payment, the handling of remaining vacation days,... --- ### Economic dismissal Economic dismissal A commercial dismissal is when you have to be dismissed by your employer due to financial difficulties within the company. Many companies end up in financial difficulties every year. The first step is always to cut back on other things. Unfortunately, this is not always enough for the company to keep afloat and then savings will have to be made on personnel costs. The employer will then have to let go of one or more employees. Draw up a settlement agreement When personnel have to be dismissed due to financial difficulties at the company, the employer can try to draw up a settlement agreement together with the employees concerned. This includes agreements regarding dismissal. If this succeeds, it can be considered a dismissal by mutual consent, eliminating the need for time-consuming and costly dismissal proceedings. The settlement agreement can only be drawn up if the employer and the employee jointly agree on the agreements stated in it. Negotiations can of course be done from both sides. Various forms of economic dismissal There are various forms of economic dismissal. If a company has to lay off personnel due to financial difficulties, then this is a commercial dismissal. However, there is also a commercial dismissal when the employer has to deal with work reduction, technological changes, a company relocation, the loss of the wage subsidy and organizational changes. If these matters result in a dismissal, then it is also a commercial dismissal. Finally, there is talk of a commercial dismissal... --- ### Home Dutch Employment Law firm - Legal assistance for Employees The Netherlands Dutch employment law governs the relationships between employers and employees in the Netherlands. It establishes various rules and agreements, which are typically included in employment contracts. These may cover aspects such as the maximum probation period, vacation days, wages, and other terms like the use of a lease car. A significant part of the law concerning work and dismissal is mandatory. This means that the employee is almost always protected by law, although there may be deviations from the legislation. Consequently, power imbalances between employers and employees are reduced. Despite clear legislation, conflicts between employees and employers, often related to dismissals, wage payments, and vacation days, are common. Seeking advice in these situations is advisable. Free Settlement (Termination) Agreement Check Immediate help with dismissal situations Secure your unemployment benefits Specialized in the settlement agreement A better dismissal proposal for 85% 1000+ agreements adjusted and improved Legal Assistance Employment Law Immediate help from an employment lawyer Response within 1 hour Specialized in employment law Netherlands We know your rights Active throughout the Netherlands 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... ---