Whether you're being made redundant or leaving by mutual agreement, redundancy often brings a great deal of uncertainty. Suddenly, a lot is coming at you: you need 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're entitled to – especially when you're dismissed.
What should I pay attention to?
Your employer can only dismiss you on the grounds of one of the nine legal grounds for dismissal. If this is not the case, then the UWV or the sub-district court will not agree to your dismissal, or you can contest your dismissal. In any event, request a written statement regarding 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 to you.
What does this mean for me?
If you are made redundant, you are generally entitled to a transitional payment. In addition, you can in many cases receive a WW benefit, which you must apply for in good time. We can support you with this.
Toekomstpro(o)f also offers a valuable programme for people who have been made redundant. Toekomstpro(o)f forms part of the government’s nationwide strategy to prevent unemployment. This programme is available to everyone, whether or not they are members of De Unie.
Together with an experienced coach, you'll work on your skills, opportunities and desires, so you'll be 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'll do this for you
Are you facing redundancy? Then it's very important to know what you're entitled to. From a transition payment to the cancellation of a non-compete clause: there are many factors that can soften the blow of redundancy a little. Our legal specialists will assist you. With information, advice, representation in negotiations and, as a last resort, even by litigating on your behalf.
What do you get as a member?
Light
- Updates on your work, collective labour agreement & sector
- Help with work, benefits & income
- Newsletter
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- Updates on your work, collective labour agreement & sector
- Complete help with work, benefits & income
- Newsletter
- Useful calculation tools and sample letters
- Legal advice and support
- Understanding your pension
- Help and advice with your benefit
- Input into your employment terms
As a Full or Extra Member of De Unie, you are entitled to comprehensive legal assistance regarding work, benefits and income.
Please note: you can make this claim from three months' membership. See also Article 25 of our house rules.
FAQ
Can my fixed-term contract not be extended, is that allowed?
This is allowed. If your temporary contract is not extended, there is no notice period. Your employer must clearly inform you one month before the contract expires whether the contract will be extended or not. This is the notice period. If they don't? Then they must pay you compensation of a maximum of 1 month's salary. Your employer is only required to adhere to this notice obligation if your contract lasts for six months or longer. Do you continue to work after the end date? Then this is a tacit renewal. 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 a Severance pay
What am I entitled to when my employment ends?
- If your employer draws up a Social Plan, it will outline what you are entitled to upon termination of employment. This could include, for example, a redundancy payment, a period of garden leave, or the option to use an outplacement agency (for work-to-work guidance). However, an employer is not obliged to draw up a Social Plan.
- Your employer may also offer you a settlement agreement. If your employer sends you a settlement agreement, you should have it checked by a lawyer before you respond. De Unie can help you with this.
- If your employer does not follow these routes, they must apply to the UWV for permission to terminate your employment contract. After receiving permission from the UWV, your employer must still terminate your employment in writing. In doing so, the employer must observe the notice period, and you may be entitled to a transition payment.
Ontslag met wederzijds goedvinden is a termination of employment where both the employer and the employee agree to end the employment contract.
If you and your employer reach a mutual agreement to terminate your employment, this can, of course, also be done without the permission of the sub-district court or the Employee Insurance Agency (UWV). Remember to have the agreements, on the basis of which your employment contract is terminated, put down in writing in a termination agreement. This agreement is also sometimes called a settlement agreement.
