Whether you are dismissed or leave by mutual agreement, termination often brings a great deal of uncertainty. Suddenly, a lot comes your way: you have to think about your next steps, sometimes negotiate the terms of your departure, review a settlement agreement, or discover that your non-compete clause is stricter than you thought.
Dismissal & termination of employment
Get what you are entitled to – especially in the event of dismissal
What should I pay attention to?
Your employer can only fire you on the basis of one of the nine legal grounds for dismissal. Isn't this the case? Then the UWV or the subdistrict court will not agree with your dismissal, or you can contest your dismissal. In any case, ask for a written statement about the grounds for dismissal. Is there a dismissal by mutual consent? Then it is very important to carefully check what is stated in your settlement agreement: some provisions may be disadvantageous for you.
What does this mean for me?
If you are dismissed, you are usually entitled to a transition payment. In addition, in many cases you can receive unemployment benefits, which you must apply for on time. We can support you with this.
Furthermore, Toekomstpro(o)f offers a valuable program for people who are being laid off. Toekomstpro(o)f is part of a nationwide government approach to prevent unemployment. This offer is available to everyone, whether or not they are a member of De Unie.
Together with an experienced coach, you will work on your skills, opportunities, and aspirations, so that you are well-prepared for your next step and can shape your future career with confidence. Don't worry: participation is accessible and will only take a few hours in total. Sign up here!
We do this for you
Are you facing dismissal? Then it is very important to know what you are entitled to. From a transition payment to the removal of a non-compete clause: there are many factors that can slightly alleviate the pain of dismissal. Our legal specialists will support you. With information, advice, representation during negotiations and, in the extreme case, even by litigating on your behalf.
What do you get as a member?
Light
- Updates about your work, collective labor agreement & industry
- Light help with work, benefits & income
- Newsletter
Complete/additional
- Updates about your work, collective labor agreement & industry
- Complete help with work, benefits & income
- Newsletter
- Handy calculation tools and sample letters
- Legal advice and support
- Insight into your pension
- Help and advice with your benefit
- Participation in your terms of employment
As a Complete or Extra Member of De Unie you can claim complete legal assistance with work, benefits and income.
Please note: you can make this claim after three months of membership. See also article 25 of our internal regulations.
FAQ
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
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.
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.
