The Dutch layoff lawyers of WS Advocaten in Amsterdam advise employers and expats in the Netherlands on dismissal. Sometimes, businesses are forced to conduct employee layoffs. Our layoff lawyers in Amsterdam act for both the employee and the employer. As Dutch layoff lawyers we have gained extensive experience since 2000 and have learned to look at layoff cases from all sides. Both with respect to the termination of an employment contract (in a layoff procedure), severance pay, reorganization and appeal.
Legal advice in the event of layoff: termination of employment and business economic reasons
Several variations of dismissal are possible in Dutch labor law. Employers can apply to the UWV to layoff expat employees if there are economic reasons. If it is clear, for example, that changes in the organization will cause jobs to be lost, an employer may propose certain employees for dismissal. The UWV will then determine whether an layoff permit will be issued. In that case, an employer may terminate the employment contract with the employee, observing the notice period.
Special rules apply to this form of dismissal (layoff). For example, it must be checked whether there are colleagues in the same age category who perform similar functions. A certain order of dismissal applies. It should also be examined whether there is a suitable position elsewhere within the group for the employees.
However, many employers choose to offer an expat a settlement agreement instead of going through the UWV procedure.
Other reasons for an employer to layoff staff in The Netherlands
In addition to business economic reasons, there may be other reasons for an employer to dismiss expats. In general, for business economic reasons, the UWV is the competent dismissal authority, this also applies to employees who have been continuously ill for more than two years. In all other cases, the employer must request dismissal through the subdistrict court.
Dysfunction, culpable actions or a disturbed working relationship (or a combination of those) can mean the end of an employment contract with an employee. The subdistrict court in Amsterdam can dissolve the employment contract on these grounds at the request of the employer’s lawyer.
In some cases, the employee himself can also request the dissolution of the employment contract, for example if the employer no longer pays wages.
If the judge grants a request for dissolution and dissolves the employment contract, the employment contract ends. The judge determines the exact end date of the contract. The Dutch subdistrict court can also impose a transition payment or a fair compensation (in case of serious culpable acts or omissions) on the employer.
Legal Advice for employers and expats in the event of an employment conflict: Amsterdam layoff lawyers
Our Amsterdam dismissal law and layoff attorneys also advise on other areas of employment law. In urgent cases, our employment law lawyer can quickly initiate summary proceedings. This is possible in the following cases, among others:
- Salary arrears;
- Suspension or non-active status;
- A non-competition clause or penalty clause.
Our lawyers in Amsterdam have extensive expertise in labour law litigation for both expats and employers. We are also happy to strengthen your legal position by building up files or drafting or checking employment contracts.
Solving labor disputes for expats and employers
Our employment lawyers can also solve an employment dispute without the intervention of the court or the UWV. The employment lawyers of WS Advocaten in Amsterdam advise on drafting and negotiating a settlement agreement, or transfer of an employee. Our lawyer can also draw up a severance agreement. Sometimes an internal complaint procedure is possible, for example in education or health care.
The lawyers of WS advocaten in Amsterdam have specialized knowledge of and extensive experience in employment law. Our Amsterdam lawyers in employment law are also aware of the latest developments in Dutch employment and dismissal law.
Unfairly laid off
If you believe you have been unfairly laid off, you should contact WS Lawyers in Amsterdam.
Are you looking for involvement and a direct, personal contact with an experienced employment law specialist in Amsterdam? Call our specialized Dutch dismissal lawyer for questions and legal advice on employment law and other employment law topics such as layoff.