Discharge – Employee

If you and your employer have signed a contract of indeterminate length, you cannot be discharged without a struggle. Your employer must first obtain permission through a termination procedure at UWV or through the cantonal judge. There are exceptions, however. No procedures are required when you are dismissed during your probationary period, or in case of immediate dismissal or if you are a managing director.

Your employer may only discharge you if they have reasonable grounds for dismissal. The law determines what that entails. The situation might involve prudential reasons or a prolonged disrupted employment relationship. In most cases, an employer is also required to explore whether you could be relocated.

Oftentimes, an employer will want to deploy a so-called termination contract (in the form of a settlement). Employer and employee thus come to a mutual agreement about the termination of the employment contract. This could prevent a termination procedure through UWV or the cantonal judge.

If you have received a settlement proposal or are in any other way involved with a dismissal, it would be advisable to get legal counsel. Fender Advocaten employs specialised employment law lawyers that can guide you in this process. Because they regularly counsel employers as well, they are familiar with both perspectives.

Follow Fender Advocaten on LinkedIn or feel free to contact Lars Claassens or No Mauer for an introduction.