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De Unie in action – After 20 years, my boss suddenly wants to get rid of me. What now?

May 01, 2024
discharged after 20 years of service

The legal specialists of De Unie assist you during various differences of opinion and conflicts in the workplace. To make it clearer what exactly you can do with us, we highlight a true situation every month. We describe the member's question, tell us what De Unie has done to resolve the situation and share the outcome. In this edition: after twenty years and out of nowhere, your boss suddenly wants to get rid of you. What should you do now?

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The problem

Our member worked for the same employer for almost twenty years. Out of nowhere, his boss wants to get rid of him: he presents him with a settlement agreement, with which he aims for a dismissal by mutual consent. Our member would like to know what he can best do - and will contact us De Unie.

The principle

A settlement agreement contains the agreements that the employer and employee make regarding dismissal by mutual consent. The name means that as an employee you can agree to this type of dismissal. Don't you do that? Then your employer must apply for a dismissal permit from the UWV or submit a request for dissolution to the subdistrict court.

This has De Unie done

To start, we asked our member if he was open to dismissal by mutual consent. The answer: yes, but not without good negotiation. That is why we assessed the settlement agreement and indicated what remained to be negotiated. We can conduct these negotiation discussions, but our member wanted to maintain contact with his employer for as long as possible - we provided advice every step of the way. We only spoke to the employer towards the end of the negotiations.

The solution

It took some effort, but in the end we managed to reach an agreement. For example, we postponed the end date by four months with an exemption from work, giving our member an extra four monthly salaries. We were also able to increase the severance payment by € 10.000 gross. The settlement agreement has been positively adjusted for our member in several ways.

 

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