Dismissal: your rights, the procedure and practical first steps

1. First establish what you have received

Read the verbs in the letter: is dismissal being announced, is permission being requested, is notice being given or is this simply a proposal? Record the date you received it separately from the stated end date. An invitation to discuss an agreement next week does not itself end your contract. A signed agreement can do so, even if your last working day is later.

Ask for written confirmation of an oral message. Write down who attended and exactly what was said. Respond factually and avoid wording such as “I agree” if you only intend to acknowledge receipt. Continue meeting your normal obligations unless clear alternative arrangements apply. If you are ill, also follow the sickness reporting procedure.

2. The reason for dismissal determines the procedure

For business reasons and long-term incapacity for work, the employer normally requests permission from UWV, the Dutch Employee Insurance Agency. An independent dismissal committee under a collective labour agreement, or cao, may handle business-related dismissal instead. For personal reasons, such as inadequate performance or a breakdown in the working relationship, the usual route is termination by the subdistrict court, the kantonrechter. An employer cannot replace these procedures with its own dismissal letter where statutory permission is required.

A fixed-term contract can end automatically on the agreed date. That differs from dismissal before that date. Dismissal during a valid probationary period and summary dismissal each have their own conditions. Therefore, do not only ask whether you have been “dismissed”; ask for the legal basis and the document being used.

3. Examine the reason and the options for staying

An employer must substantiate an appropriate ground for dismissal. In a performance case, earlier concerns, support and a genuine opportunity to improve are relevant, for example. In a reorganisation, the loss of positions, the selection of employees and possible alternative roles matter. Ask for the documents behind the conclusion. A negative assessment without specific examples tells you little about whether the case is sound.

Redeployment within a reasonable period, with training where necessary, generally has to be investigated. Discuss available vacancies and why you would or would not be suitable. This does not mean every imaginable role must be offered: the circumstances and dismissal ground matter. Keep earlier positive assessments and any proposals you made for alternative work.

4. Protection during illness, pregnancy and other circumstances

A prohibition on giving notice generally applies during the first two years of sickness. Pregnancy, maternity leave and certain employee representation roles also provide protection. This does not guarantee that every contract continues: a fixed-term contract can, for example, expire on its own end date. A valid probationary period or a genuine urgent reason for summary dismissal can also require a different assessment.

Tell your adviser about relevant circumstances, including the first day of sickness and when the employer began a procedure. A dismissal ground unrelated to illness can require a different assessment from dismissal because of the illness itself. Do not sign a termination proposal while ill on the assumption that WW unemployment benefit will automatically replace your wages.

5. Respond specifically to UWV or the court

With a UWV application, you receive the application and attachments with a response deadline. UWV generally allows two weeks for the initial response; use the date in your own letter when planning. Do not wait for a meeting with your employer before reviewing the documents. Negotiations do not automatically suspend the procedure or deadline.

List the facts you dispute and refer to a numbered document for each point. At the subdistrict court, you can respond and sometimes make your own applications, for example for a payment. A lawyer is not compulsory there, but decisions about applications, evidence and deadlines can have far-reaching consequences. Seek support suited to the procedure actually being used. For a written defence in this subdistrict court procedure, Rechtspraak states that both the court and your employer must receive it at least five days before the hearing. Also check the specific instructions in the invitation; do not confuse this with the response deadline in a UWV letter.

6. Calculate the full financial effect

Check wages until the end date, the notice period, holiday allowance, untaken annual leave and any transition payment separately. An attractive one-off payment may be disappointing if you lose months of salary. A settlement agreement does not automatically create a statutory right to a transition payment; you agree a termination payment instead. Notice given with your written consent is legally a different route.

UWV decides independently on WW. Who initiated the termination, the reason, your availability for work and the applicable notice period remain relevant. Alongside the gross payment, prepare a monthly plan showing salary, expected benefits and fixed expenses. Also ask what happens to pension, bonuses, shares, training costs and any non-compete clause. An agreement about your last working day does not automatically determine the end date of employment.

7. If the dismissal has already taken effect

Immediately establish which court application fits your objective. Many applications challenging termination have a strict deadline of two months after employment ends. If the application concerns only the transition payment, Rechtspraak, the Dutch judiciary, states three months. An objection emailed to your employer does not replace a timely court application. Do not calculate these deadlines from your last salary payment.

Keep the final statement and check the actual payments. Apply for WW promptly where appropriate, even if you dispute the dismissal. Agree how the court case and benefit application should be coordinated. Negotiations may produce a good outcome, but make sure your legal options do not disappear while you wait for a reply.

Practical checklist

• Keep the letter, envelope, email and date of receipt.
• Review your contract, cao, assessments and payslips together.
• Make a timeline of illness, meetings, proposals and procedural documents.
• Have the correct response deadlines and strict court deadlines established.
• Compare the final statement and benefit consequences with the proposal.