Dismissal and termination of employment Archives

My employer has made a commitment to extend my contract or to extend hours. Can he come back to this?

A commitment or promise counts as an offer. Have you agreed to this offer? Then this in principle leads to a new employment contract. Your employer is therefore not allowed to simply go back on this.

My employer has promised to extend my contract for a definite period, but is not doing so now. Is that allowed?

A commitment or promise counts as an offer. Have you agreed to this offer? Then this in principle leads to a new employment contract. Your employer is therefore not allowed to simply go back on this.

My fixed-term contract will not be extended, is that allowed?

That's allowed. If your temporary contract is not extended, there is no notice period. Your employer must clearly inform you one month before the contract ends whether the contract will be extended or not. This is the notice period. Doesn't he do this? Then he must pay you compensation of a maximum of 1 month's salary. Your employer must only comply with this notification obligation if your contract lasts six months or longer. Will you simply come to work after the end date? Then that is a tacit extension. The employment contract is automatically extended for the same period, with a maximum of one year.

If your temporary contract is not extended, you may be entitled to one transition fee

I will be fired during my probationary period, is that allowed?

Yes, your employer may - without stating reasons - terminate the contract if you are in your probationary period. Still, you can try to start a conversation with your employer: perhaps you will find a way together in which you can continue to work there.

In what situation does the employer have to apply for dismissal from the UWV for me?

If your employer has economic reasons for wanting to dismiss you, your employer must apply for a dismissal permit from the UWV. The UWV will assess your employer's application and you will receive a copy of the application with the option to lodge an objection. The UWV assesses the application and any objection whether or not to grant permission to your employer on that basis. If your employer wants to dismiss you because of long-term incapacity for work (for example after 2 years of illness), permission must also be requested from the UWV.

When is collective redundancy?

This form of dismissal applies if 20 or more employees in the same work area are dismissed by the employer within 3 months. The Wmco (Notification of Collective Dismissals Act) indicates what the employer must comply with in this situation. For example, reporting collective redundancies by the employer to the UWV and the trade unions will also have to be consulted.

When exactly does my employment end (dismissal for business reasons)?

Your employer must first formally terminate your employment. In principle, your employment contract ends when the notice period that applies to the employer has expired.
Your notice period starts on the day that you have received written notice of termination from your employer (an employer may only terminate for business economic reasons after permission from the UWV) and ends at the end of a month (if no other written agreement has been made about period of notice). Example with 1 month's notice period: if your employer gives notice of termination on September 15, you will leave employment on November 1;
If you sign a settlement agreement, there is no termination. But the notice period is important before the start of your unemployment benefit. The date of signing the settlement agreement serves as the start date of your notice period. So using the example above, you must sign the settlement agreement in September and agree that you will leave employment on November 1. As of November 1, you will then be entitled to unemployment benefits (provided you meet all the conditions). So be careful that you only make or sign a commitment if you know what consequences it will have for you. Have you received a settlement agreement from your employer? Please have this legally checked before responding. De Unie can help you with this.

What am I entitled to when my employment ends?

If your employer draws up a Social Plan, it will state what you are entitled to upon termination of employment. This can be, for example, a compensation, exemption from work or the possibility to use an outplacement agency (for guidance from work-to-work). However, an employer is not obliged to draw up a Social Plan.
Your employer may also offer you a settlement agreement. Have you received a settlement agreement from your employer? Please have this legally checked before responding. De Unie can help you with this.
If your employer does not follow these routes, he must submit an application to the UWV to request permission to terminate your employment contract. After permission from the UWV, your employer must still cancel in writing. The employer must observe the notice period and you may be entitled to a transition payment.

Am I obliged to continue working now that my employment contract may end soon?

Yes, you are obliged to keep working. After all, your employment contract continues with all the rights and obligations arising from it, including the work obligation.

Am I entitled to unemployment benefit?

The UWV checks whether you meet the conditions for unemployment benefit. The UWV then decides whether you are eligible for a benefit after dismissal.

What should I do if I have received an agreement by mutual consent (settlement agreement)?

If you have received a settlement agreement to leave the employment, this is another proposal from your employer. Submit this proposal to our helpdesk. You can find the contact details on this page. We will then ensure that the settlement agreement receives a full legal check. Among other things, it is checked whether the minimum requirements for entitlement to unemployment benefit are met, whether the notice period has been correctly observed and whether the reimbursement has been calculated correctly. This way you can be sure that you will not have any problems.

Has your temporary employment not been extended while your employer previously indicated that your contract would be extended?

Then check whether the notice period has been taken into account. This means that your employer must inform you in writing at least 1 month before the end of the contract whether the contract will be extended and, if so, under what conditions the contract will be continued. Your employer must only comply with this notification obligation if your contract lasts 6 months or longer. In the event that your employer does not notify you in time whether your employment contract will be continued, your employer will owe you compensation. This allowance does not exceed your monthly salary and is calculated proportionally. For example: if your employer is two weeks late in giving notice, this means an allowance of two weeks' salary. Please note, you must claim this compensation within 2 months of the end of your contract. Also always check your employment contract to see whether a provision has already been included in which the notification obligation has already been included. If it is stated in your employment contract that your contract will not be extended after its expiry, the notification obligation has already been fulfilled.

In what situation must the employer apply for dismissal from the subdistrict court for me?

In the event of dismissal for personal reasons, such as a disrupted employment relationship or malfunctioning, an employer must go to the Subdistrict Court. He can submit a request through the Subdistrict Court to be allowed to dissolve your employment contract. In order to do this, the employer must have built up a file. On the basis of this file, the judge decides whether the employment will be terminated.

What is instant dismissal?

Instant dismissal is when your employer has an urgent reason to dismiss you immediately. In case of summary dismissal, your employee does not have to take the notice period into account. The instant dismissal does not have to be submitted to the UWV or the subdistrict court. If you want to challenge the summary dismissal as an employee, you can do so through the subdistrict court.

What is consensual dismissal?

If you and your employer reach a joint agreement about the termination of your employment, this is of course also possible without the permission of the subdistrict court or the UWV. Keep in mind that you have the agreements on the basis of which your employment contract is terminated in writing in a termination agreement. This agreement is also called a settlement agreement.

What is a notice period?

The notice period is the period that applies to the employee or employer when one of the parties wishes to terminate the employment contract. The length of the notice period depends, among other things, on the duration of your contract and whether you are still in your probationary period, for example.

When does the notice period start?

By law, you must always quit your job by the end of the calendar month (if no other written agreement has been made about the notice period). The notice period then starts from the first day of the next calendar month.

I have a temporary contract. Do I have a notice period?

The cancellation period for a temporary contract depends on your situation. If you have a fixed-term contract, in some cases you have a notice period. A temporary employment contract will (automatically) expire on the end date stated in your contract. You cannot therefore cancel your contract before that end date, unless it is stated in writing in your contract that you can terminate the employment contract prematurely. You can then check what the notice period is in your employment contract or in your collective labor agreement. Always check your contract to be sure.

I have a permanent contract. How long is my cancellation period?

In principle, you have a notice period of 1 month for an employment contract for an indefinite period. Your employer may only agree on a shorter term if this is stated in your collective labor agreement or if it is included in the personnel guide.

What does the notification obligation entail?

The notification obligation, also known as the notification period, is an obligation that applies when an employer and employee conclude a temporary contract of 6 months or longer. This notification obligation means that the employer must notify in writing whether the contract will be extended, no later than 1 month before the end of the contract. And if so, under what conditions this happens.

What if my employer does not comply with the notification obligation?

If it happens that your employer does not inform you in time whether your employment contract will be continued, your employer will owe you compensation.

My temporary contract states that it will not be renewed. Does this also apply as a notification requirement?

If it is stated in the employment contract that your contract will not be renewed after its expiry, the notice period has been met. However, this does not mean that the contract cannot be renewed. If your employer still decides to extend your contract, that is of course allowed.

Am I eligible for unemployment benefit?

Whether you are eligible for unemployment benefit depends on a number of conditions. The conditions for unemployment benefit are as follows:

You must be insured for unemployment. This is usually the case if you are working as an employee and have not yet reached the official state pension age;
You will lose at least 5 hours per week or, if you worked less than 10 hours per week, at least half of your hours per calendar week. You also lose wages for these hours;
You must be available immediately for paid work;
You have not become unemployed through your own fault (for example: you have been dismissed due to reorganization or your fixed-term contract is not extended);
You must meet the week requirement (you worked at least 36 weeks in the 26 weeks before you became unemployed).

I have received a severance / transition payment. I've heard about the averaging scheme. How does that arrangement work?

The averaging scheme means that the average income in box 1 over three consecutive calendar years – the averaging period – is calculated. For each of the years in the averaging period, the tax on this average income is recalculated and compared with the tax actually paid in each of those years.

This refund can only be requested when all (final) assessments for the years of the averaging period have been imposed. For example, if you received a severance/transition payment in 2021 and the most favorable averaging period turns out to be 2021-2022-2023, then the averaging request can only be submitted in mid-2024 at the earliest.

An averaging request is therefore separate from the returns for the years of the averaging period and can be submitted separately. The request must be submitted within 3 years after the assessments for the years of the averaging period have become irrevocable. Please note: The averaging scheme has expired as of January 1, 2023. The last period for which je can average is 2022, 2023 and 2024.