Help, I am Being Fired! Five Helpful Tips in Case of (Imminent) Dismissal

1. Find out the reason for the dismissal

The reason given for the (intended) dismissal determines the procedure your employer needs to follow. For example, an intended dismissal due to redundancy is reviewed by the UWV. In contrast, an intended dismissal based on poor performance or a disrupted working relationship is brought before the court.

Under Dutch employment law, a dismissal generally requires a reasonable ground for termination (except in the case of dismissal during the probationary period). Ask for the reason for the dismissal to be put in writing, and if it is not clear, ask your employer to provide a written explanation.

The dismissal reason will form the basis of any legal discussion and any potential negotiations.

2. Check whether your employer has actually terminated the employment contract or has merely made an offer to end it with a settlement agreement

It may look the same, but there is a world of difference.

If your employer has informed you that they want to end the employment relationship, for example, due to redundancy or poor performance, they will often make an offer for termination by mutual consent, usually in the form of a settlement agreement. Only once the offer has been accepted does the employment contract end on the agreed termination date.

If your employer tells you that you have been dismissed as of a certain date, and you have an employment contract for an indefinite period, it is important to contact a lawyer immediately. In many cases, an employer’s dismissal without the employee’s consent or approval from the court or the UWV is unlawful.

In that case, a two-month period starts to run from the termination date, within which proceedings must be initiated before the court.

Read Also: New Job in the Netherlands? Check These Essential Contract Tips

3. Do not sign anything straight away

Have any proposed termination agreement checked by a lawyer, and do not sign immediately. A lawyer can advise you whether there is room for negotiation and can assist you in that process.

4. Safeguard your salary payment

Sometimes an employer offers to exempt you from work during negotiations over a settlement agreement. Let your employer know that you are willing to continue performing your normal duties if requested. If your employer indicates that you do not need to work, ask for this to be confirmed in writing.

In this way, you make clear that, as far as you are concerned, you are ready and willing to continue working. Your employer cannot then argue that you are not entitled to a salary because you were unwilling to perform work.

Do you benefit from the 30% ruling? Then be extra cautious about being exempted from work. From the first day of the month following the month in which you are exempted from work, a three-month search period starts to find new employment to retain the 30% ruling. If necessary, consider, together with a lawyer, initiating court proceedings for reinstatement to protect the 30% ruling.

5. Sometimes, redeployment is still an option

Before terminating the employment contract, an employer must, in many cases, investigate whether redeployment within the organisation is possible, with or without training. This means your employer should consider whether there is a suitable alternative position available for you within the (group) of companies. If such a position is available, it may need to be offered to you instead of a termination offer. If this has not been properly assessed, the dismissal may be vulnerable to challenge.

GMW Lawyers – Experts in Employment Law

Do you need advice after your dismissal? Contact our team of English-speaking employment lawyers for assistance. Call us at 070 361 5048 or send us an e-mail. We can work it out!

This article is written by Amber Willemsen, from GMW Lawyers