Arbeidsrecht.legal - legal specialists in employment law
The world of employment law is complex, especially when you are not involved in it every day. Naturally, you never expect to need legal assistance, but unfortunately you cannot always avoid it. Are you being dismissed by your employer and do you need the services of a specialist? Feel free to contact us without obligation.
Dismissal can be arranged in several ways. In many cases, the first attempt will be to end the cooperation between employer and employee by means of a settlement agreement. This is often the best and fastest way to terminate an employment contract.
Unfortunately, it is not always possible to end an employment contract with a settlement agreement, for example because one of the parties cannot permanently agree with the terms included in that agreement. In that case there is still the possibility of making use of employment mediation. If that too does not lead to the desired result, then a dismissal procedure will have to be started at the UWV or the subdistrict court. We provide all the important information about employment law and dismissal.
Specialists in settlement agreements, wage claims, non-compete clauses and legal proceedings
Dismissal reasons
In the Netherlands, an employer may not simply dismiss an employee. There must be a valid reason for this. When may an employee be summarily dismissed and when is there an economic dismissal? We are happy to tell you more about the different dismissal reasons. employment lawyer and Mr. Ontslag. You can find more information with us about the following matters:
- Economic dismissal
- Underperformance
- Culpable conduct
- Disturbed working relationship
- Incapacity for work
- Summary dismissal
- Dismissal during probation
- Non-renewal of a temporary contract
Dismissal procedures
A dismissal can come about in different ways. An employee can of course resign from the job. In that case there are several matters to take into account, such as the loss of the right to WW unemployment benefits in most situations and observing the notice period. When an employer wants to dismiss an employee, there are also several routes that can be followed. The correct route naturally depends on the situation. For example, a different dismissal procedure must be started when an employee has been ill for more than two years than when the employee is performing insufficiently. These are only examples. We provide more information about the following dismissal procedures:
- Mutual consent
- Resignation
- Dismissal procedure before the subdistrict court
- Dismissal procedure before the UWV
- Manifestly unreasonable dismissal
- Appeal
- Preliminary injunction
- Employment mediation
- Settlement agreement
Financial
If you are dismissed, or if you resign, this naturally has the necessary financial consequences. When your employer dismisses you, in several situations you are entitled to a transition payment. In the past this was also referred to as dismissal compensation and in certain situations even as a “golden handshake”. On the day your employment ends, there may still be accrued balances outstanding. This may include, for example, accrued vacation days that you have not yet taken and, naturally, holiday allowance. These are only examples of amounts to which you may still be entitled. A final settlement must therefore take place. Are you dismissed and have you not yet found another job on the day your employment actually ends? Then in many cases you are entitled to WW unemployment benefits. It is then important that the settlement agreement, if there is one, has been drawn up correctly. On the financial side you can read more about the following matters:
- Transition payment
- Final settlement on termination
- WW unemployment benefits
- Wage claim