Dismissal Employment Lawyer Amsterdam, The Netherlands
Our lawyer in Amsterdam is well-versed with (international) Employment Law generally in The Netherlands, being able to advise on all aspects of Employment Law, including termination of employment and dismissal law. Labour & Employment laws are crucial to both employees and employers. We have an in-depth understanding of the unique of the employment laws in The Netherlands and we take employment law seriously.
Our experienced team of Dutch employment contract lawyers offer comprehensive and efficient services to corporate and individual clients in the field of Labour and Employment Law. We know this field inside and out – from both perspectives. According to Dutch Law, an employer needs to follow a legal dismissal procedure if he or she wants to end an employment contract. Call our attorneys for experienced employment law representation.
Employment Law: Employers, employees and works councils
We assist employers, employees and works councils. Our experience in dealing with both sides means that we can offer far reaching advice on a range of employment topics. Our skilled attorneys have extensive experience counseling businesses and individuals to avoid litigation, as well as resolving employment cases through litigation and negotiated settlement. We provide litigation services for an array of legal issues within the field of employment law in The Netherlands.
Dutch Labour Law: disputes between employers and employees
Our clients appreciate our personal approach to providing employment law services. Our expertise is in resolving disputes between employers and employees.
It is important that employers follow proper procedure when terminating an employee’s employment contract in The Netherlands.
Termination of employment means that the employment relationship is over.
There are various ways to terminate an employment agreement in The Netherlands according to Dutch employment termination law:
- A labour agreement can be terminated during the trial period;
- Once a definite term contract expires, the employment relationship ends.
Mutual agreement according to Dutch Dismissal Law
The employer and employee may end the contractual relationship by mutual agreement as well. The employee may be entitled to severance payment. A termination agreement or settlement agreement should be concluded in writing. The employee may reconsider this dismissal within 14 days.
Dismissal on the spot in The Netherlands
Employment contracts can be terminated instantly without compensation for an ‘urgent’ cause, usually because of gross misconduct: theft, fraud or violence are a sufficiently urgent reason to dismiss the employee on the spot.
Time limits in The Netherlands
It is important that employers and employees get legal advice as soon as possible about dismissal on the spot, since time limits apply.
Employee Insurance Agency (UWV)
An employer needs to obtain permission to terminate a contract of employment. An employer must obtain a dismissal permit from the Dutch UWV (Employee Insurance Agency) when:
- dismissal for business economic reasons (reorganisation or company closure),
- or long-term incapacity for work is concerned.
The employer must substantiate well-grounded reasons with documentary evidence. UWV checks if the employer complies with the rules regarding dismissal. Once the UWV has granted permission, the contract may be terminated by the giving notice to the employee, taking into account the statutory or contractual notice period.
Notice period in Dutch Dismissal Law
The lenght of the notice period depends on the duration of the employment contract with a maximum of 4 months. Employees are a.o. protected against dismissal during the first 2 years of illness and during maternity leave.
Parties may submit a request to the Cantonal (Sub-District) Court if they disagree with the decision of UWV. The Cantonal (Sub-District) Court will apply the same criteria as the UWV.
Cantonal (subdistrict) Court
For other ‘reasonable’ reasons for dismissal, employer (and employee) may request the district court to terminate the employment contract by cancellation. Valid reasons include:
- frequent sickness absence
- damaged working relationship
- inadequate performance
- unsuitability of the employee
Employment Law Litigation: appeal in The Netherlands
The decision of the Cantonal Court is open to appeal. We offer full litigation services for employers and employees.
Employees leaving involuntarily who have completed at least two years of service will be entitled to transitional compensation unless the termination was prompted by seriously imputable conduct on the part of the employee.
It is important that both employers and employees do not act hastily when considering whether to terminate an employment relationship.
Legal advice by Dutch lawyer: dismissal
The lawyers of WS Advocaten in Amsterdam charge an hourly rate of € 140, – to € 295, – excluding VAT. How much you pay will be dependant upon the amount of time spent on your case and the level of experience of your legal representative. If you have the benefit of legal expenses insurance we can assist you in submitting an application to cover your legal fees. An insurer can not restrict your right to appoint a solicitor of your choice in case of proceedings. Each citizen of the Netherlands has the right to access courts, apply for legal advice and representation and, if means do not suffice, receive state-financed legal aid.
Our lawyers can in many cases make an all-in price agreement with you.
Unfairly laid off?
If you believe you have been unfairly laid off, you should contact WS Lawyers in Amsterdam.
Dutch Dismissal Lawyer Amsterdam
Employment law cases can be complex. Our labour & employment lawyers can help whether you are an employer or employee. You need a law firm with experience and knowledge of the law on your side. Our Dutch employment attorneys in Amsterdam have an extensive experience in dealing with all types of dismissal issues in The Netherlands. For more information on Dutch Employment Law and our Employment and Labour Law services, contact our Amsterdam lawyer: 0031(20)5221999