Termination

In general, an employer should not dismiss an employee during the first two years of sickness absence …

Please login to view this content or become a member by joining now.

A dismissal may be contested on a number of grounds, e …

Please login to view this content or become a member by joining now.

NB: See also individual dismissal:   https://www …

Please login to view this content or become a member by joining now.

Special rules apply to the dismissal of a managing director/CEO …

Please login to view this content or become a member by joining now.

If an employee is on a fixed-term contract, their employment ends by law when the term of the contract has expired …

Please login to view this content or become a member by joining now.

Termination by mutual consent is very rare in the Netherlands because it generally removes entitlement to unemployment benefits …

Please login to view this content or become a member by joining now.

Irrespective of the termination route, if an employer wishes to terminate an employment agreement they must pay a mandatory “transition payment” …

Please login to view this content or become a member by joining now.

All employees, no matter how the employment agreement ended, are entitled to a written reference at their request …

Please login to view this content or become a member by joining now.

◉ Whistleblowers The Whistleblowers (Safe Haven) Act protects all employees who report wrongdoing in “good faith” …

Please login to view this content or become a member by joining now.

Minimum statutory notice periods are payable from the end of a calendar month as follows:  Probationary period no statutory notice period Up to five years of service one month 5-10 years of service two months 10-15 years of service three months 15 years of service or more four months The duration of the UWV or court proceedings can be deducted from the notice period, however a minimum of one month of this notice period must remain after this deduction …

Please login to view this content or become a member by joining now.

There are several grounds for dismissal …

Please login to view this content or become a member by joining now.

Employers may take immediate action to terminate without UWV WERKbedrijf or court clearance if they have ‘urgent cause‘, such as in a case of gross misconduct …

Please login to view this content or become a member by joining now.

Under Article 7:679 of the Civil Code an employee may resign with immediate effect and without notice if they genuinely believe that their employer has made it impossible to continue in their post …

Please login to view this content or become a member by joining now.

If 20 or more employees are being dismissed in any three-month period within the administrative area of the same regional employment office, then collective redundancy legislation applies …

Please login to view this content or become a member by joining now.

A transition payment is mandatory as of January 2020 whenever an employer terminates or fail to renew a temporary employment contract …

Please login to view this content or become a member by joining now.