A dismissal often involves more than you might think. For example, did you know that there are legal rules about notice periods and that certain groups of employees are protected by dismissal prohibitions? More on that later! In this blog, we delve into the most important aspects and offer practical tips for employees who are facing this.
Notice periods: how long do you have to keep working?
The notice period is the time between when you announce or receive notice of termination and your last working day. The length of this period depends on your employment contract, collective labour agreement, or the legal rules.
Statutory notice period for employees: Usually one month, unless otherwise agreed. Check your employment contract or collective bargaining agreement for any deviations.
Statutory notice period for employers: This is based on the length of your employment:
- Under 5 years 1 month
- 5-10 years 2 months
- 10-15 years 3 months
- Over 15 years 4 months
These notice periods may also differ in an employment contract or in a collective labour agreement.
Dismissal bans: protection for vulnerable employees
A prohibition on termination is a legal ban on the employer terminating an employment contract in certain situations prescribed by law. An employer cannot dismiss an employee at will in all cases. There are statutory prohibitions on termination that offer protection in specific circumstances.
- Illness Have you been off sick for less than two years? If so, your employer cannot dismiss you, unless you are failing to cooperate with your return-to-work programme. It is not the case that an employer can dismiss an employee simply because the employer considers the employee to be failing to cooperate sufficiently. There must be a pattern of persistent failure to cooperate with the return-to-work programme. Furthermore, the court must first review the case before the employment contract can be terminated. However, an employment contract may end by operation of law in the event of illness. In other words, an illness cannot result in a fixed-term contract being extended for 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 extra protection against dismissal. An employee cannot be dismissed because they are a member of the works council, but they can be dismissed if, for example, their role becomes redundant. Redundancy is, after all, unrelated to membership of the works council.
- Unreasonable grounds Dismissal must not be based on discrimination, such as gender, religion or ethnicity.
However, there are exceptions. For example, if a company goes bankrupt or an employer obtains permission from the UWV or the sub-district court.
Unfair dismissal? This is what you can do
If you are dismissed while there is a dismissal prohibition, it is important to take immediate action. Here's how to proceed:
- Refute the reason: Ask your employer for a written statement of reasons for the dismissal. Often, with the right arguments, you can enter into a discussion.
- Seek legal advice Please contact De Unie or an employment lawyer. They can advise you on your legal position and help you lodge an appeal.
- Procedure at the sub-district court: If your employer wants to terminate your employment and you do not agree to a termination by mutual consent (a settlement agreement), your employer must apply for a dismissal permit from the UWV or file a dissolution request with the sub-district court. In that case, the reason for dismissal will be automatically assessed by an authority.
- If your employer terminates the employment contract unilaterally without a dismissal permit, you as an employee must initiate proceedings within two months to have the termination annulled. This usually applies to dismissal for urgent cause. In that case, it is important that you act quickly.
Please note: It is important to act quickly. Usually, you must submit a request to the sub-district court within two months.
What can De Unie do for you?
At De Unie, we’re here to help you with legal advice and practical support on dismissal matters. Our experts have a wealth of experience and will ensure you’re not left empty-handed. Do you have any questions or would you like to know how we can help you? Please contact us on 0345 851 963 or at sc@unie.nl. We’re available every working day from 8.30 am to 5.00 pm.
