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 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.