Dismissal in the Netherlands: Your Rights as an Employee
Dutch employment law provides strong protections for employees facing dismissal. Your employer cannot simply terminate your contract — strict legal procedures must be followed depending on the type of dismissal. On this page you will find an overview of all types of dismissal and what you can do in each situation.
Types of dismissal
Summary dismissal (ontslag op staande voet)
Your employer terminates the employment contract immediately due to an urgent reason, such as theft, fraud or serious misconduct. You lose your job and salary immediately. Strict requirements apply: the reason must be urgent, the dismissal must be given without delay, and the reason must be communicated immediately.
Dismissal during probation
During the probation period, both employer and employee can terminate the contract immediately, without notice. The probation clause must be agreed in writing and meet legal requirements. The prohibition of discrimination and the duty of good employership remain in force.
Dismissal due to reorganisation
For economic reasons, the employer must request a dismissal permit from the UWV. The reflection principle (afspiegelingsbeginsel) determines which employees are selected for dismissal. You are entitled to severance pay and the employer must explore redeployment options.
Dismissal for underperformance
If your employer considers your performance insufficient, they must inform you in a timely manner and offer an improvement plan. The employer must file a dissolution request with the subdistrict court. Without a proper file and a fair chance to improve, the court will generally reject the request.
Dismissal due to disrupted working relationship
If the working relationship has become seriously and permanently disrupted, the employer can request dissolution through the subdistrict court. The disruption must be objectively established and recovery must no longer be possible. The court also assesses whether the employer has done enough to restore the relationship.
Dismissal by mutual consent
Employer and employee agree to terminate the employment contract through a settlement agreement (vaststellingsovereenkomst). This is the most common form of dismissal. The terms are negotiable, and you always have a 14-day cooling-off period after signing.
Dismissal through court procedure
For personal dismissal grounds (such as underperformance or a disrupted relationship), the employer must file a dissolution request with the subdistrict court. You have the opportunity to submit a defence. The court assesses whether all legal requirements have been met.
Your rights upon dismissal
Regardless of the grounds for dismissal, you always have certain rights as an employee:
- Severance pay — if the employer initiates the dismissal, you are in principle entitled to severance pay of one-third of a gross monthly salary per year of service.
- Notice period — the employer must observe the statutory or contractual notice period (except for summary dismissal and probationary dismissal).
- Dismissal ban during illness — during the first two years of illness, the employer may in principle not dismiss you.
- Unemployment benefits — in case of involuntary dismissal, you are generally entitled to unemployment benefits, provided you meet the weeks requirement.
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