Losing your job

Losing your job is a worst case scenario for many expats, especially if your job allows you to stay in the Netherlands.

Nonetheless, should you have to face dismissal, you may be glad that you are in the Netherlands when it occurs, as you will start with strong legal rights.

The Dutch labour law system for dismissal is particularly unusual, as it is very protective of employees.

There are 5 ways that your employment can terminate under Dutch law:

  1. When your fixed-term contract ends,
  2. When you resign your job,
  3. Via UVW/court dismissal,
  4. Through a settlement agreement, or
  5. Through summary dismissal.

If you are facing dismissal from work, consider getting legal advice before you make any agreements.

End of fixed-term contract

If you have a fixed-term (temporary) contract of employment, it will terminate automatically on the end date shown in your contract. Your employer does not have to give you notice beforehand and you do not have to give your employer notice either.

There is no further procedure to be followed; your employment simply terminates at the end of the fixed-term period. In case your employment contract was longer than 6 months, your employer is obliged to inform you ultimately a month before the end date about whether your employer intends to extend your contract or whether your employer will have it end.

Resigning from a job

Should you decide to resign your job during the term of your employment, you will need to give written notice of your intention to leave. You must take the notice period in your contract into account.

If you have a fixed-term (temporary) contract, then neither you nor your employer can end the employment earlier than the end date unless the contract includes a clause that provides for your earlier resignation and notice period. If your fixed-term contract has such a clause, submit your notice to resign accordingly. Always give notice in writing, via email or registered letter.

If you, as an employee, leave your position before the notice period ends or if you do not give a proper notice period to your employer, your employer may be able to hold you liable for damages.

UVW / court dismissal or settlement

An employer cannot terminate a permanent contract without your agreement. They also cannot terminate a temporary contract prior to its scheduled date of completion. Only the Employee Insurance Agency (UWV) or the cantonal court can (give permission to) terminate an employment contract.

If an employer wishes to apply for termination of an employment contract through the UVW or court, they must have a valid ground for their request.

Due to how difficult it is to terminate an employment contract, an employer may instead offer you a settlement agreement. If you are offered a settlement agreement, it is wise to ask a lawyer to check the agreement before you sign it.

Summary dismissal

Summary dismissal is also called “being fired on the spot”. It is the harshest form of dismissal and is reserved for the most urgent cases. Think of situations such as when an employee is caught stealing, perpetrates fraud, threatens or assaults another person, becomes violent, or displays other serious misconduct.

If you are summarily dismissed, you will not receive unemployment benefits, the transitional allowance might be at risk as well, and your salary will stop immediately. As such, it will have serious consequences for your future.

You have the right to contest a summary dismissal within 2 months. It is therefore very important to contact an employment lawyer immediately if you are fired on the spot.

More information

GMW lawyers will be happy to help you with all your employment-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension and employment lawyers will be happy to support and advise you.

More employment law related topics >

Lawyers

Amber Willemsen

Amber Willemsen

Read more about this lawyer
Godelijn Boonman

Godelijn Boonman

Read more about this lawyer
Prof. Hans van Meerten

Prof. Hans van Meerten

Read more about this lawyer
Roos van Zaltbommel

Roos van Zaltbommel

Read more about this lawyer

Looking for an employment law lawyer in The Hague?

GMW lawyers will be happy to help you with all your employment law issues. Our lawyers assist both employers and employees.

Do you have a question? Please feel free to contact us.

"*" indicates required fields

newsletter?

You might also like

Whistleblower protection: no nonsense

24 July 2024

Whistleblower protection: no nonsense!

Whistleblowers are indeed protected from dismissal. What does this mean in practice?

Read more

Read more about
Getting Started with the Future of Pensions Act as Works Council

22 July 2024

Getting started with the future of pensions act as works council

In this article, we provide some practical tips for the Works Council to have control over the complex pension dossier for the company and employees.

Read more

Read more about
Vakantiedagen tijdens ziekte afboeken van saldo of niet

8 July 2024

Vacation days during illness: deducting from balance or not?

A sick employee accrues vacation days in a normal manner. But does a sick employee always have to take days off when going on vacation?

Read more

Read more about
Do you require assistance with an employment dispute?

26 June 2024

Do you require assistance with an employment dispute?

Are you currently facing or anticipating an employment conflict? Employment conflicts can emerge in any workplace. Typically, such disputes can be resolved amicably.

Read more

Read more about
Making progress on the pay gap

19 June 2024

Making progress on the pay gap

Equal pay for men and women is a fundamental European right. In practice, however, there is a big difference between men's and women's pay. There are currently initiatives to reduce the pay gap through legislation in both the Netherlands and Europe.

Read more

Read more about
Ondernemingsraad 2024

17 June 2024

The Works Council in 2024

Companies with 50 or more employees are required by law to have a Works Council. In December 2023, the Minister reported that only 69% of such companies have established a Works Council.

Read more

Read more about
A second trial period: is that possible

27 May 2024

A second trial period: is that possible?

Many employers are in the understanding that a trial period can only be validly agreed upon in the first employment contract with the employee. However, this is not always the case.

Read more

Read more about
End of employment due to restructuring

13 May 2024

End of employment due to restructuring

You have your own business and employ up to 50 people. Unfortunately, for business economic reasons, you are forced to restructure and lay off some employees.

Read more

Read more about
The redeployment condition

1 May 2024

The redeployment condition: what can be expected from your employer?

An employment agreement can, in principle, only be terminated if the following conditions have been met:

Read more

Read more about