Dutch Employment Lawyer for dismissal case

Understanding Termination of Employment in the Netherlands

Termination of employment in the Netherlands is a complex and well-regulated process, governed by a comprehensive set of laws and regulations. Whether you are an employer looking to dismiss an employee or an employee facing the prospect of job loss, it's crucial to understand the legal framework surrounding dismissal in the Dutch labor market. In this article, we will explore the various reasons for dismissal, the authorities responsible for handling terminations, the possibilities of mutually agreed termination, and the invaluable role of specialized employment lawyers from Law Office Recht & Raad in assisting both employees and employers in navigating the intricacies of Dutch labor law.

Reasons for Dismissal in the Netherlands

There are several lawful reasons for terminating an employment contract in the Netherlands, and these reasons may vary depending on the specific circumstances of the employment relationship. Here are some common examples:

1. Poor Job Performance: If an employee consistently fails to meet the expected performance standards, an employer may consider termination. However, employers are required to provide the employee with a reasonable opportunity to improve and may need to follow a performance improvement plan.

2. Misconduct: Employee misconduct, such as theft, fraud, harassment, or other serious breaches of company policies, can lead to dismissal. Employers must conduct a thorough investigation and follow due process.

3. Frequent Absenteeism: Excessive absenteeism, may be grounds for dismissal. Employers should ensure that they have a clear attendance policy in place and that the employee has been adequately warned and counseled.

4. Restructuring: In situations where a company undergoes restructuring or downsizing, resulting in the elimination of certain positions, employees may be terminated for economic reasons. Employers must follow specific legal procedures and provide compensation in such cases.

5. Contractual Agreement: An employment contract may specify specific conditions under which either party can terminate the employment relationship. This may include probationary periods or fixed-term contracts.

Handling Dismissals:

Dismissals in the Netherlands are primarily regulated by the Dutch Work and Security Act (WWZ) The procedure for handling dismissals depends on the reason behind the termination.

Dismissal procedure UWV
If the employer wants to terminate the employment contract with an employee for business economic reasons or after 2 years of illness, the employer can start a dismissal procedure with the UWV. The employer then requests permission for termination (dismissal permit) from the UWV Werkbedrijf. The employee can defend against this dismissal request

Dismissal procedure before the subdistrict court judge

In all cases other than those mentioned above, dismissal is due to personal circumstances. Examples of this are inadequate performance and a disruption of relationships. For these reasons, the employer can submit a dismissal request to the subdistrict court. Of course, the employee can also put up a defense in that case.

Dismissal by mutual consent



In addition to the two formal procedures for dismissal mentioned, many dismissal cases are 'mutually arranged' by the employer and employee. The parties then negotiate the conditions (dismissal date, severance pay, non-compete clauses, etc.) of the end of the employment contract. If the employer and employee reach agreement on the conditions for termination of the employment contract, the agreements made are recorded in a settlement agreement. This allows both parties to avoid lengthy legal procedures and potential disputes

Who can help you? Role of Specialized Employment Lawyers from Law Office Recht & Raad

Law Office Recht & Raad is a renowned law firm specializing in employment law and has a strong track record of successfully handling over 25,000 dismissal cases with satisfied clients. Our team of highly skilled employment lawyers is well-equipped to assist both employees and employers in the Netherlands.

For Employees:

- Our experienced lawyers will provide legal guidance and support during the entire dismissal process, ensuring your rights are upheld.
- We will negotiate on your behalf to secure the best possible severance package, including maximum compensation.
- In case of disputes, our lawyers will represent you in court, striving for a favorable outcome.

For Employers:

- Our dedicated team will help you navigate the legal requirements of dismissal, ensuring compliance with Dutch labor law.
- We will assist in the preparation and negotiation of settlement agreements.
- In case of complex situations or disputes, our experts will provide strong legal representation.

Conclusion:

Termination of employment in the Netherlands is governed by a comprehensive legal framework designed to protect the rights of both employers and employees. Understanding the reasons for dismissal, the relevant authorities, the option of mutually agreed termination, and the vital role of specialized employment lawyers from Law Office Recht & Raad is essential for a successful resolution in any dismissal case. With a proven track record of expertise and satisfaction among clients, Law Office Recht & Raad stands as a trusted partner for those facing the challenging terrain of Dutch employment law.

Ask our labor specialists for help!

Our Dutch employment lawyers are experts in employment law and employment contracts. We are experienced in the complexities of Dutch labour and employment law.
We have more than 25 years of experience in employment matters and dismissal cases.
With the help of our specialists you will achieve the maximum result.

So call 020 6160 120 or mail us.