If your employer has concerns about your performance that could lead to dismissal, it’s important to understand what is expected of you. Ask your employer for specific feedback on what needs improvement — the more detailed, the better. Document these discussions together. Write summaries of the conversations and confirm all agreements in writing.
"}},{"componentType":"sectionTitle","title":"Tip 2: Keep the conversation going, if needed with a mediator"},{"componentType":"paragraph","richBody":{"value":"Impending dismissal often brings strong emotions. You may feel upset or even very angry. Try not to react emotionally and keep the dialogue open. Both employer and employee are expected to make efforts to improve the relationship. If the situation ends up in court, the judge will also consider the efforts made by both parties to resolve the issue. If communication becomes difficult, consider involving a mediator. A mediator will help you and your employer reach agreements to resolve the issue without going to court. This is especially helpful if you’ll continue working together.
"}},{"componentType":"sectionTitle","title":"Important!"},{"componentType":"paragraph","richBody":{"value":"Keep in mind that your employer cannot dismiss you without due process. If you do not agree to the dismissal, your employer must apply for a dismissal permit through the UWV (Employee Insurance Agency). This is only possible for economic reasons or long-term incapacity for work, and the request must be well substantiated.
If the dismissal is for other reasons, your employer can submit a termination request to the subdistrict court. This involves significant costs for the employer, as the court will need to assess whether there are sufficient grounds for dismissal.
Finally, your employer may propose a termination agreement. This outlines the conditions under which the employment contract can be ended by mutual consent. In such cases, the employer is often willing to make a good offer to avoid a costly and time-consuming dismissal procedure.
In all these situations, you are not yet dismissed - it is still a case of impending dismissal. Make sure to seek proper advice and legal support from a specialized employment lawyer.
"}},{"componentType":"sectionTitle","title":"Dismissal with immediate effect"},{"componentType":"sectionTitle","title":"Tip 3: Take immediate action"},{"componentType":"paragraph","richBody":{"value":"In the case of a dismissal with immediate effect, your employment contract ends immediately. There is no notice period, and you will no longer receive wages. Moreover, you are not entitled to unemployment benefits (WW). Such a dismissal can therefore have serious consequences. That’s why a dismissal with immediate effect cannot be given lightly. Your employer must have a very urgent reason, such as:
Your employer must immediately inform you of the reason when dismissing you on the spot. Do you believe the dismissal is unjustified? Then seek advice from a labor law expert. You must challenge the dismissal in court within two months. You can request the dismissal to be annulled so you can return to work, or you can accept the dismissal and demand a transition compensation.
"}},{"componentType":"sectionTitle","title":"Dismissal for business economic reasons"},{"componentType":"sectionTitle","title":"Tip 4: Check your legal position"},{"componentType":"paragraph","richBody":{"value":"Your employer may have various reasons to request a ‘business economic dismissal’ from the UWV. Examples include:
Make sure you know the exact reason for the business economic dismissal and find out from the UWV how your employer must substantiate this reason. This will help you better assess your legal position and strengthen your stance when your employer offers a termination agreement.
"}},{"componentType":"sectionTitle","title":"Tip 5: Prevent losing your right to a transition compensation"},{"componentType":"paragraph","richBody":{"value":"If the request for dismissal due to business economic reasons is approved by the UWV, you are usually entitled to a transition compensation. The amount depends on your monthly salary and the duration of your employment. In 2021, the maximum transition compensation was set at € 84,000. If your annual salary exceeds this amount, the compensation is capped at one gross annual salary.
If your employer does not pay the transition compensation, you must take action within 3 months after the end of your employment contract to still claim payment. Otherwise, your right to the compensation may expire. So be sure to keep track of that deadline!
Have you been occupationally disabled for more than two years? Then you can request your employer to terminate the employment contract by mutual agreement. Your employer must cooperate with this request and is obliged to pay you a transition compensation.
It does not matter whether you are still occupationally disabled at the time of dismissal. This arrangement has been in effect since mid-2015 to prevent employers from keeping employment contracts “dormant” in order to avoid paying the transition compensation.
Suddenly getting fired - it could happen to anyone. In such a case, it’s reassuring to be able to rely on legal help and advice through the ING Legal Assistance Insurance. And all that for an annual premium that is almost always lower than a lawyer’s hourly rate. Want to know more?
"},"textLinks":[{"url":"/en/personal/insurances/legal-expenses-insurance","text":"Read more about the ING Legal Assistance Insurance"}]},{"componentType":"sectionTitle","title":"Do you need advice or legal assistance right now?"},{"componentType":"paragraph","richBody":{"value":"Legal support must be provided by an independent party. That’s why the ING Legal Assistance Insurance is administered by DAS. Call DAS directly before the conflict escalates. DAS is available Monday to Friday from 08:30 to 17:30 at 020 651 87 75.
"},"textLinks":[{"url":"/en/personal/insurances/legal-expenses-insurance","text":"Go to the ING Legal Assistance Insurance"}]},{"componentType":"linkList","iconTitle":{"title":"Insurance"},"textLinks":[{"url":"/en/personal/insurances/annual-travel-insurance","text":"Travel insurance"},{"url":"/en/personal/insurances/car-insurance","text":"Car insurance"},{"url":"/en/personal/insurances/home-insurance","text":"Home insurance"},{"url":"/en/personal/insurances/liability-insurance","text":"Liability insurance"},{"url":"/en/personal/insurances/legal-expenses-insurance","text":"Legal expenses insurance"},{"url":"/en/personal/insurances/student-insurance","text":"Student insurance"},{"url":"/en/personal/insurances/czdirect-health-insurance","text":"Health insurance"},{"url":"/en/personal/insurances","text":"All insurance"}]}]}}}