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(Instant) dismissal
Types of dismissal in Dutch employment law
Dismissal is a sensitive subject that can have far-reaching consequences for both employers and employees.
Dutch dismissal law has different forms, each with its own rules and procedures:
- Instant dismissal: This is the most severe form of dismissal. As an employee, you lose your job immediately; the notice period is not observed. Instant dismissal is only allowed if there is an urgent reason and this urgent reason must be communicated immediately.
- Dismissal via the UWV: dismissal for business economic reasons or long-term occupational disability (after 104 weeks), the employer must request permission from the UWV to terminate the employment contract.
- Dismissal via the subdistrict court: for reasons such as dysfunction or a disrupted working relationship, the subdistrict court is asked to dissolve the employment contract.
Instant dismissal
Instant dismissal is the most radical form of dismissal, where the employer terminates the employment contract immediately. Employer may only issue an instant dismissal if there is an ‘urgent reason’.
What is an urgent reason?
An urgent reason is a serious situation where the employer can no longer be required to keep the employee employed. Examples of an urgent reason include:
- theft;
- fraud;
- violence;
- threat.
After the incident has occurred, the dismissal should be given immediately. Waiting to give the dismissal results in the urgent reason no longer being considered valid. The reason for dismissal should also be communicated to the employee without delay (immediately).
Consequences of summary dismissal
Instant dismissal has major consequences for the employee. Among other things, it means:
- no right to a transitional compensation (exceptions are possible);
- no entitlement to unemployment or sickness benefits;
- immediate loss of income.
Dismissal via the UWV
For business economic reasons or long-term occupational disability, an employer must request dismissal through the UWV.
Specific rules apply to dismissals for business economic reasons, which the employer must follow:
- Substantiated dismissal dossier: the employer must have a clear dossier that substantiates the need for the dismissal. Evidence responsibility lies with the employer!
- Downsizing principle: the employer must prove that the right employees have been selected for dismissal. This is done on the basis of age and years of service within comparable positions.
- Relocation: the employer must prove that relocation is not possible within a reasonable period of time.
In the case of dismissal for long-term occupational disability, the employer must demonstrate that:
- Reintegration: the right steps have been taken to reintegrate the employee.
- No recovery within 26 weeks: it must be plausible that the employee cannot return to work within 26 weeks.
- Re-employment: re-employment in another suitable job is not possible.
Only when these steps have been followed correctly will the UWV grant permission to the employer to terminate the employee’s employment contract.
Dismissal via THE subdistrict court
When an employer wants to terminate an employment contract via the subdistrict court, it is essential to have a well-founded file. This is because the subdistrict court assesses whether there are sufficient grounds for the dissolution, such as dysfunction or a disrupted working relationship (also known as a ‘reasonable ground’).
- Good file: an employer must be able to prove that there are sufficient grounds for the dismissal. This means that the file must contain detailed information on the reason for the dissolution, such as warnings, performance interviews and any improvement processes that have been completed.
- Re-employment obligation: employer must also demonstrate that re-employment within the (group of the) company is not possible. This means that the employer must seriously investigate whether the employee can be placed in another suitable position, possibly after training or adapting the position.
Only if there are reasonable grounds and redeployment is not possible can the subdistrict court grant the dissolution.
Alternative to proceedings
Before an employer takes the step of starting legal proceedings, it is sometimes possible to reach a settlement agreement in consultation with the employee. This is an agreement in which the parties agree to terminate the employment under certain conditions. A settlement agreement can be a quick and relatively cost-effective solution for both parties.
Why is an attorney necessary for employers?
- Risk management: employers run the risk of claims for wrongful dismissal and (high) compensation in dismissal proceedings. I can help avoid legal pitfalls.
- Expert guidance: dismissal rules are complex and change regularly. I ensure that all steps are followed correctly, increasing the chances of a successful dismissal.
Why is an attorney necessary for employees?
- Defence and rights: employees can be helped by me to defend and protect their rights, such as the right to a transitional compensation or the possibility to challenge the dismissal.
- Legal clarity: a dismissal can be emotionally tough. I can provide insight into the options and consequences.
Conclusion
The dismissal process, is often legally complicated and strictly regulated. For both employers and employees, it is vital to go through the process correctly to avoid high costs or a wrongful dismissal. With the right guidance, mistakes can be avoided and both parties can reach the fairest possible solution.
Managing dismissal or onjustified dismissal? Legal advice from your employment and dismissal law attorney in Amsterdam
As an employment and dismissal attorney in Amsterdam, I offer expert advice and guidance on every aspect of the dismissal process. With the right support, mistakes can be avoided, and we work together towards the fairest possible solution. Do you have questions or need legal advice in employment law? Feel free to contact me; I am ready to help you.
The information on this page is for informational purposes only and should not be considered specific legal advice. For personalized advice, please contact Ok Legal. Please note that the content of this page may change without notice and Ok Legal is not liable for any inaccuracies and/or missing information.
