Dismissed? We are here to help
Being dismissed is a significant event. Whether you have received a settlement agreement, are facing a reorganisation or have been unexpectedly let go — it raises questions about your rights, your income and your future. That is completely understandable. You do not have to figure this out on your own.
Our experienced lawyers help you take control of your situation. We make sure you know exactly what you are entitled to, so you can take the next step with confidence. Personal advice, within 1 hour on business days.
Free agreement checkHow can we help you?
Dismissal in the Netherlands involves many complex rules. Dutch employment law provides extensive protection for employees. We help you understand your situation and ensure you receive everything you are entitled to.
Settlement Agreement
Your employer is offering you a settlement agreement (vaststellingsovereenkomst or VSO). We check whether the terms are fair and your rights are properly protected. This includes the severance pay, the notice period, the non-compete clause and your unemployment benefit rights. Our lawyers have years of experience reviewing settlement agreements and know exactly where the pitfalls lie.
Have your agreement checked →Severance Pay
Upon dismissal, you are entitled to severance pay (transitievergoeding) in virtually all cases. This amounts to one-third of a monthly salary per year of service. We calculate the correct amount based on your specific situation and check whether your employer is offering you too little. Many employers calculate the severance pay too low, for example by not including overtime or bonuses.
More about severance pay →Dismissal During Sick Leave
Are you on sick leave and have you received a settlement agreement? As an employee, you enjoy additional dismissal protection during illness. Signing a settlement agreement during sick leave can have serious consequences for your benefits. We explain your rights, the risks involved and what you absolutely need to watch out for before signing anything.
More about sick leave →Summary Dismissal
Have you been dismissed on the spot? This is only permitted for an urgent reason and strict conditions apply. We assess whether the dismissal is legally valid and advise you on your options. In many cases, a summary dismissal can be legally challenged, which can lead to substantial compensation.
More information →Dismissal Compensation
In addition to the statutory severance pay, you may be entitled to higher dismissal compensation. This is especially the case when your employer has acted seriously culpable, or when there is room to negotiate a better deal. We advise you on the possibilities and help you form a realistic picture of what you can expect.
More about compensation →Unemployment Benefits
After dismissal, you want to secure your right to unemployment benefits (WW-uitkering). The way your settlement agreement is drafted determines whether the UWV (Dutch Employee Insurance Agency) approves your application. We ensure your agreement meets all requirements so you can receive unemployment benefits immediately following your dismissal.
More about unemployment benefits →Types of dismissal in the Netherlands
Under Dutch employment law, there are several ways an employment contract can be terminated. Each type of dismissal has its own rules, procedures and consequences for you as an employee. Below you will find an overview of the most common types of dismissal and what they mean for you.
Dismissal by mutual consent (settlement agreement)
This is the most common way to terminate an employment contract in the Netherlands. You and your employer agree that the employment will end, recorded in a settlement agreement (vaststellingsovereenkomst or VSO). Both parties must agree to the terms. The advantage is that there is room to negotiate matters such as the severance payment, the end date and the lifting of restrictive clauses. The disadvantage is that you voluntarily give up your dismissal protection. Therefore, always have your settlement agreement checked before signing.
Summary dismissal (ontslag op staande voet)
Summary dismissal is the most drastic form of dismissal. Your employer terminates the employment with immediate effect, without notice period. This is only permitted for an urgent reason, such as theft, fraud, violence in the workplace or persistent refusal to work. Your employer must communicate the dismissal immediately and state the reason at once. In practice, many summary dismissals are overturned by the court because employers fail to meet all formal requirements or because the reason is not urgent enough. If you have been summarily dismissed, it is important to seek legal advice quickly.
Dismissal via the UWV (economic reasons or long-term illness)
For economic reasons (reorganisation, business closure, elimination of positions) or after two years of illness, your employer can apply for a dismissal permit from the UWV (Dutch Employee Insurance Agency). The UWV assesses whether the dismissal is justified and whether the employer has met all conditions. In a reorganisation, the reflection principle (afspiegelingsbeginsel) must be correctly applied. After UWV approval, your employer may dismiss you while observing the applicable notice period. In this case, you are entitled to the statutory severance pay.
Dismissal via the subdistrict court
If your employer wants to dismiss you for personal reasons, such as underperformance, a disrupted working relationship, culpable conduct or a combination of grounds, they must ask the subdistrict court (kantonrechter) to dissolve the employment contract. The court assesses whether there is a reasonable ground for dismissal and whether reassignment is not possible. Upon dissolution by the court, you are entitled to severance pay. In case of seriously culpable conduct by your employer, the court may also award an equitable compensation (billijke vergoeding).
Dismissal during probation
During the probationary period, both you and your employer can terminate the employment immediately, without notice period and without requiring a dismissal permit. The probationary period may last a maximum of one month for contracts up to two years and a maximum of two months for contracts of two years or longer. However, a probationary dismissal may not be discriminatory. If you are dismissed during your probationary period and you suspect discrimination, you can seek legal advice.
End of a temporary contract
A fixed-term employment contract ends by operation of law on the agreed end date. Your employer does not need to follow a dismissal procedure. However, a notification obligation applies: for contracts of six months or longer, your employer must inform you in writing at least one month before the end whether the contract will be renewed. If the employer fails to do so, they owe you compensation of up to one month's salary. After three consecutive temporary contracts or a total duration of three years, a permanent contract arises by operation of law (the chain rule).
Your rights as an employee upon dismissal in the Netherlands
Dutch employment law offers employees strong protection. Regardless of the type of dismissal you are facing, it is important to know your rights. Below you will find an overview of the most important points relevant to you as an employee.
Right to fair severance pay
Upon termination of your employment contract, you are entitled to severance pay (transitievergoeding) in most cases. This applies to dismissal via the subdistrict court, via the UWV and in a settlement agreement. The severance pay is intended to support you financially during your transition to a new job and amounts to one-third of a monthly salary per year of service. In addition to the statutory severance pay, there may be entitlement to additional equitable compensation in certain situations, for example when your employer has acted seriously culpable.
Right to unemployment benefits
After dismissal, you are entitled to unemployment benefits (WW-uitkering) in most cases, provided you meet the qualifying requirements and did not become unemployed through your own fault. With a settlement agreement, it is crucial that the agreement is correctly drafted to safeguard your unemployment benefit rights. The initiative for dismissal must lie with the employer and the notice period must be correctly processed. Our lawyers always check this as part of the free settlement agreement review.
Dismissal protection during sick leave
Are you ill? Then a dismissal ban applies during the first two years of your illness (Article 7:670 Dutch Civil Code). Your employer may not dismiss you during this period. Although you may formally sign a settlement agreement during illness, this carries considerable risks for your Sickness Benefits Act (Ziektewet) claim. Read more about the settlement agreement during sick leave or have your situation assessed free of charge by our lawyers.
Special dismissal protection
In addition to the dismissal ban during illness, Dutch employment law provides other forms of special dismissal protection. You may not be dismissed on grounds of pregnancy or childbirth, during works council membership, due to union membership, or on discriminatory grounds such as age, gender, origin or religion. If you suspect your dismissal has one of these grounds, it is essential to seek legal advice immediately.
Right to a notice period
Upon dismissal by your employer, a statutory notice period applies. The duration depends on your years of service: one month for less than five years, two months for five to ten years, three months for ten to fifteen years and four months for fifteen years or longer. A different period may be agreed in your employment contract or collective agreement. In a settlement agreement, the notice period is processed as a so-called fictitious notice period, which is relevant for the start date of your unemployment benefits.
Right to legal advice
You always have the right to seek legal advice before making a decision about your dismissal. Moreover, many settlement agreements include a contribution for legal assistance. Your employer may not pressure you to sign immediately. Take the time to have your situation assessed and exercise your rights. Our free settlement agreement check is the quickest and most accessible option for this.
Frequently asked questions about dismissal in the Netherlands
Can my employer simply dismiss me?
No, the Netherlands has a strong dismissal protection system. Your employer cannot simply dismiss you. A valid reason (dismissal ground) is always required and in most cases the employer must request permission from the UWV or the subdistrict court. The only exception is dismissal by mutual consent via a settlement agreement, but even then you are not obligated to agree. For summary dismissal, there must be an urgent reason.
What is severance pay and am I entitled to it?
The severance pay (transitievergoeding) is a statutory right upon dismissal. You are entitled to it when your employer terminates or does not continue the employment, including when a temporary contract is not renewed. The payment amounts to one-third of a monthly salary per year of service. This includes not only your gross monthly salary, but also holiday allowance, a possible thirteenth month, structural overtime and fixed bonuses. Many employers calculate the severance pay too low.
What should I do if I have been summarily dismissed?
If you have been summarily dismissed, it is important to act quickly. You have a limitation period of two months to challenge the dismissal before the subdistrict court. In the meantime, you have no right to unemployment benefits. In many cases, a summary dismissal is not legally valid, for example because the stated reason is not urgent enough, the dismissal was not given immediately, or the personal circumstances were insufficiently considered. Seek legal advice immediately.
Can my employer dismiss me while I am on sick leave?
No, during the first two years of your illness a dismissal ban applies. Your employer may not dismiss you during this period. However, your employer can offer you a settlement agreement during sick leave, but you are not obliged to sign it. After two years of illness, the employer can apply for a dismissal permit from the UWV. Note: if you fall ill after the dismissal procedure has already started, the dismissal ban may not apply in some cases.
How long do unemployment benefits last?
The duration of your unemployment benefits depends on your employment history. During the first two months you receive 75% of your last-earned salary (up to the maximum daily wage), after which it becomes 70%. The maximum duration is 24 months. To qualify, you must have worked at least 26 weeks in the 36 weeks before your unemployment (the weeks requirement). For a longer benefit period, your total employment history also counts (the years requirement).
What is the difference between dismissal compensation and severance pay?
The severance pay (transitievergoeding) is the statutory minimum amount you are entitled to upon dismissal. Dismissal compensation (ontslagvergoeding) is a broader concept and can be higher than the statutory severance pay. In a settlement agreement, the dismissal compensation is negotiable and can be considerably higher than the statutory minimum. Additionally, the subdistrict court can award equitable compensation on top of the severance pay when the employer has acted seriously culpable.