There's often more to dismissal than you think. Did you know, for example, that there are legal rules regarding notice periods and that certain groups of employees are protected by prohibitions on dismissal? More on that in a moment! In this blog post, we'll delve into the most important aspects and offer practical tips for employees facing these issues.
Notice periods: how long do you have to work?
The notice period is the period between the moment you announce or receive notice of dismissal and your last day of work. The length of this notice period depends on your employment contract, collective bargaining agreement, or statutory regulations.
Statutory notice period for employees: Usually one month, unless otherwise agreed. Check your employment contract or collective bargaining agreement for any exceptions.
Statutory notice period for employers: This is based on the duration of your employment:
- Less than 5 years: 1 month
- 5-10 years: 2 months
- 10-15 years: 3 months
- Longer than 15 years: 4 months
These notice periods may also differ in employment contracts or collective labor agreements.
Termination prohibitions: protection for vulnerable employees
A termination ban is a legal prohibition for an employer from terminating an employment contract in certain legally prescribed situations. Not in all cases is an employer permitted to simply dismiss an employee. There are statutory termination bans that offer protection in specific situations.
- Disease: Have you been ill for less than two years? Then your employer is not allowed to dismiss you unless you fail to cooperate with your reintegration. An employer cannot dismiss an employee if they believe the employee is not cooperating sufficiently. This must be a case of persistent non-cooperation with reintegration. And a court review is required before the employment contract can be terminated. Employment can also be terminated automatically due to illness. In other words, an illness cannot lead to the extension of a fixed-term contract as long as the employee is ill.
- Pregnancy and maternity leave: During your pregnancy and maternity leave you are protected against dismissal.
- Works council membership: As a member of the works council, you have additional dismissal protection. An employee cannot be dismissed simply because they are a member of the works council, but they can be dismissed if, for example, their position is eliminated. After all, the elimination of a position is independent of works council membership.
- Unreasonable grounds: Dismissal may not be based on discrimination, such as gender, religion or ethnicity.
There are exceptions, however. For example, if a company goes bankrupt or an employer receives permission from the Employee Insurance Agency (UWV) or the subdistrict court.
Unfair dismissal? Here's what you can do
If you're fired while there's a notice of termination prohibition in place, it's important to take immediate action. Here's how to proceed:
- Refute the reason: Ask your employer for a written explanation for the dismissal. Often, you can start a conversation with the right arguments.
- Get legal advice: Please contact De Unie or an employment lawyer. They can advise you on your legal position and assist you with filing an objection.
- Procedure at the subdistrict court: If your employer wants to terminate your employment and you do not agree to a mutually agreed-upon termination (a settlement agreement), the employer must apply for a dismissal permit from the Employee Insurance Agency (UWV) or submit a termination request to the subdistrict court. In that case, the reason for dismissal will be automatically assessed by an agency.
- If your employer unilaterally terminates your employment contract without a dismissal permit, you, as an employee, must initiate proceedings within two months to have the termination nullified. This usually applies to summary dismissals. In that case, it's important to act quickly.
Note: It's important to act quickly. You usually have to file a petition with the subdistrict court within two months.
What can De Unie mean to you?
At De Unie We're ready to help you with legal advice and practical support for dismissal matters. Our experts have extensive experience and will ensure you're not left empty-handed. Do you have questions or want to know what we can do for you? Contact us at 0345 851 963 or sc@unie.nl. We're available weekdays from 8:30 AM to 17:00 PM.
