What are your rights if you are dismissed or your contract is not renewed?
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If you are dismissed or your temporary contract expires without renewal, you have certain rights in the Netherlands. This article tells you what you are entitled to and what you can do.
You are entitled to a notice period
In the Netherlands, employment contracts almost always include a notice period. The notice period indicates how long your employer must give notice that your contract is ending. The length of the period of notice depends on:
How long you have been employed there.
Whether you are still on probation.
Agreements in your contract or in the
You can also terminate your contract yourself. This is also subject to the notice period stated in your contract. If the notice period is 2 months, this means that you still have to work for 2 months after you terminate your contract.
Notice period if you have a permanent contract
Do you have a permanent contract, i.e. a contract for an indefinite period? Then your employer must follow the legal notice period. This looks as follows:
If you have been employed for less than 5 years, the notice period is 1 month.
If you have been employed for 5 to 10 years, the notice period is 2 months.
If you have been employed for 10 to 15 years, the notice period if 3 months.
If you have been employed for 15 years or more, your employer may make use of a 4-month notice period.
The notice period may be longer
Your employer may agree a longer notice period with you as an employee, but it must be in your contract.
The notice period can also be shorter
A shorter notice period is only permitted if it is in the CLA. This agreement then does not have to be in your contract separately.
From the
Notice period during the probationary period
Are you still in your probationary period? Then you and your employer do not have to make use of a notice period. You can be fired immediately, and you can quit immediately as well.
Want to read more about employment contracts in the Netherlands?
Termination period in case of a temporary contract
Do you have a temporary contract, for example for 6 months or 1 year? Then your contract ends automatically on the end date.
Your employer does not have to make use of a notice period. However, they must comply with the notice period: they must let you know at least 1 month in advance whether your contract will be extended or not.
If your employer does not inform you on time
Does your employer not let you know in time whether your temporary contract is being extended or terminated? Then they have to pay you compensation. This is called 'aanzegvergoeding' (notice compensation), and it is often 1 month's salary.
Does your employer let you know, but too late? Then they part part of a month's salary, depending on how many days they were late. Example: if they are 1 week late, you get 1 week's salary.
You do not get this compensation if your employer:
Is bankrupt.
Has deferred payment.
Is in a
Your contract can sometimes end earlier
Your employer can only terminate earlier if this is in your contract. Does it not say so? Then the contract cannot be terminated earlier.
In the event of 'staande voet' (immediate) dismissal, your contract ends immediately. This is only permitted in urgent circumstances, such as theft or violence at work. In this case, no notice period applies and the contract ends immediately.
Here is what you can do if you get fired or your contract is not renewed
1. Check whether you are entitled to unemployment benefits, and apply for them:.
If you are dismissed or your contract is not renewed, you are usually entitled to
You can apply starting 1 week before you become unemployed, and no later than 1 week after you become unemployed.
2. See if you are entitled to compensation
Are you dismissed or does your employer not renew your contract? Then you are usually entitled to severance pay. This is financial compensation that helps you look for new work.
You get this compensation if your employer decides to end your contract. This applies to both permanent contracts and temporary contracts.
Do you resign yourself because your employer did something wrong? Then in some cases you may also be entitled to severance pay.
To calculate severance pay, you can use the
Maybe you will get severance pay in instalments
Can your employer not pay the severance pay in one lump sum? Then they may pay the amount in instalments, spread over a maximum of 6 months.
Does your employer pay in instalments? Then they must also pay legal interest on the portion you have not yet received.
In a number of situations, you will not get severance pay. This applies in the following cases:
You were dismissed because you demonstrated seriously wrong behaviour.
You are under 18 and worked an average of less than 12 hours per week.
You were laid off because you reached state pension age or other retirement age.
Your employer gives you a new temporary contract before your old contract ends, and the new contract begins within 6 months.
Your employer offers you a new equivalent contract before your current one expires.
Your employer offers to extend your temporary contract before it ends. It does not matter if you accept this.
Your employer is bankrupt, in moratorium or in debt restructuring.
In the event of dismissal for economic reasons, you can receive replacement pay
Is your employer dismissing you for economic reasons? Then the collective labour agreement may stipulate that you receive a different compensation instead of the severance pay. This allowance is not always as high as the legal severance pay.
The collective labour agreement must ensure that the allowance helps you find new work faster or that you receive a financial contribution.