How works a dismissal procedure in the Netherlands?
In the Netherlands, a dismissal typically follows a specific procedure, which can vary depending on the reason for the dismissal and the type of employment contract. A lawyer can help during this process in various ways, such as advising on your rights, negotiating with the employer, and representing you in legal actions if necessary. Below, I describe the general steps of the dismissal process in the Netherlands and how a lawyer can assist:
Announcement of Dismissal ( called 'Ontslag'in Dutch ).:The process usually starts with the employer announcing their intention to terminate the employment. This can be due to various reasons, such as economic factors and personal circumstances, such as employee underperformance.
Discussion and Negotiation:Following the announcement, there is typically a discussion between the employer and the employee. During this discussion, they can talk about the reasons for the dismissal and negotiate terms such as severance pay, notice period, and any other agreements. A lawyer can be of assistance by advising the employee on their rights and potential negotiation strategies.
Dismissal Proposal:If both parties agree, thedismissal proposal is documented in writing. This document outlines all the details of the dismissal, including the reasons, notice period, any compensation, and other terms.
Reflection Period:In the Netherlands, an employee has a legal right to a reflection period of two weeks after signing the dismissal proposal. During this time, the employee can reconsider the proposal and potentially retract their agreement. A lawyer can provide guidance to the employee during this phase about the implications of the dismissal and any possible alternatives.
Termination of Employment:Once the reflection period has passed and both parties are in agreement, the employment is terminated according to the agreed-upon terms. This may involve the employee receiving a severance payment and/or serving the notice period.
Legal Steps:in a dismissal caseIf no agreement is reached between the employer and employee, or if there are doubts about the legality of the dismissal, a lawyer can be engaged to take legal actions. This may include filing a dismissal case with the district court or the UWV (depending on the reason of dismissal ). The lawyer will advocate for the employee's interests and strive to find an appropriate resolution.
In summary, a lawyer can play a valuable role throughout the entire dismissal process. From advising on rights and negotiations to representing in legal disputes, a lawyer can ensure that the employee's interests are well protected and that the dismissal process proceeds as smoothly as possible.
What can we do for you?At our organization we have a lot of experienced lawyers who can help you with your dismissal case. Of course we know the rules about dismissal in the Netherlands. We handle dismissal cases for over 25 years now! We have many good reviews on the internet.
So contact our experienced lawyers in the Netherlands at 0900 123 73 24 or by mail.