When may your employer dismiss you or not?
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In the Netherlands, an employer cannot just dismiss you. There are rules for that. Your employer must always have a good reason and follow the correct steps. In this article you can read when dismissal is allowed and what your rights are.
Your employer may dismiss you for several reasons
There are several reasons for which your employer may dismiss you. They are:
1. Economic reasons
Sometimes an employer has to dismiss people because the business is not doing well. This is called 'bedrijfseconomisch ontslag' (corporate redundancy). This can happen in the following situations:
The company has money problems.
There is less work or less revenue for an extended period of time.
The company is going to "reorganise" and roles will disappear.
The company stops some work or closes a department.
Work is changing because of technology, such as automation.
The company is moving to another location.
2. If you do not do your job well
Your employer is not allowed to dismiss you just because you do your job not that well. This is only allowed if you have been underperforming for a long period of time. For this, the following steps must have been done:
Your employer has clearly told you that your work is not good enough, such as in a performance appraisal or performance review.
You received guidance on how to improve.
You have had a lot of time and opportunity to improve your work.
3. If you misbehave at work
Your employer may dismiss you if you misbehave at work. Examples include:
Forging diplomas.
Threatening colleagues.
Theft or fraud.
Coming to work drunk.
Refusing to work without reason.
Putting yourself or others in danger.
Not adhering to the
Not keeping agreements about returning to the company during illness.
With this kind of behaviour, your employer can sometimes even dismiss you with immediate effect. This means you are immediately out of work.
4. In the event of a poor working relationship
Sometimes the cooperation between you and your employer has become so bad that you can no longer work well together. If the relationship is really beyond repair, your employer may dismiss you. This is then called a 'verstoorde arbeidsrelatie' (disrupted working relationship).
5. If you are long-term ill
Have you been ill for more than 2 years and can no longer do your job? Then your employer may request dismissal from the
Your employer has done enough to help you return to the company.
There is no longer suitable work for you within the company.
Your employer may not dismiss you in the first 2 years you are ill. Want to read more about how employers can request dismissal from the UWV if employees are ill for more than 2 years?
If you are often ill
Sometimes you are not ill for a long time, but very often. Then dismissal is allowed only if:
Your illness causes major problems for the company.
Your employer does not have another position or modified work for you.
Your employer first tried to resolve this with you.
6. When your beliefs do not match your work
If there is a conflict between your work and your beliefs, it can cause problems. Are you unable to do your job because of your beliefs? Or does your employer think that your beliefs do not fit your job? Then your employer must first see if there is other suitable work. Only if that is not possible may your employer fire you
7. You and your employer both want to end the contract
Sometimes you and your employer decide together to end the contract early. This is called 'ontslag met wederzijds goedvinden' (dismissal by mutual agreement). You then sign a termination agreement.
8. Dismissal during the probationary period
During the probationary period, your employer may dismiss you immediately. They do not then have to see if there is other work for you within the company.
9. For other special reasons
There are other situations in which dismissal is possible. For example:
If you can no longer do your job due to the loss of a residence permit or driver's licence.
If you have a prison sentence.
If you are not allowed to work in the Netherlands (without a permit).
Your employer may sometimes not dismiss you
In the Netherlands, there are situations where your employer may not dismiss you. This is called 'ontslagbescherming' (dismissal protection). Your employer is not allowed to dismiss you in these situations:
If you are ill, in the first 2 years of your illness
If your employer has not done enough to reintegrate you
If you are pregnant or on maternity leave
In the first 6 weeks after you give birth
In the first 6 weeks after you became ill due to pregnancy or childbirth
If you are a member of the works council or employee representation body
If you have to perform military service in your country of origin
Due to discrimination, such as your religion, ethnicity, age, gender or disability
As you want to take parental leave
As you are a member of a trade union or political organization
If the company is acquired (your job will remain)
As you do not want to work on Sundays (if this is not agreed upon in your contract).
Often your employer needs permission to dismiss you
Your employer must request permission for your dismissal from the UWV in these cases:
1. Business dismissal
For example: money problems, a reorganisation or closure of a department.
2. Long-term incapacity for work
If you have been ill for more than 2 years and cannot return to suitable work
Your employer sometimes needs permission from the subdistrict court
In some situations, your employer may not dismiss through the UWV, but must go to the subdistrict court. This must be for personal reasons, such as:
Poor work
A poor working relationship
Poor behaviour
Other personal reasons such as due to loss of residence permit.
Sometimes your employer does not need permission
There are situations when your employer may dismiss you without the permission of UWV:
Dismissal with immediate effect (for an urgent reason, such as theft or violence)
Dismissal during the probationary period
Bankruptcy of the company
Dismissal by 'mutual agreement', if you sign a termination agreement together
What if your employer does not ask permission, but dismisses you anyway?
If your employer dismisses you without proper permission, you can:
Have the dismissal reversed through the subdistrict court
Demand compensation
Or ask to be restored to your job
You are then in a strong legal position because your employer has not followed the rules.
You sometimes have rights when you are dismissed
If you are dismissed in the Netherlands, you have rights in many cases. For example, you are entitled to notice and often compensation.