Legal aid employment & labour law Amsterdam
Our employment law lawyer in Amsterdam specialises in legal assistance in the event of dismissal and labour disputes. We conduct proceedings on dismissal and other employment conflicts before the Amsterdam subdistrict court and other bodies. For example, in the event of dismissal due to malfunctioning, or dismissal due to business economic reasons. As a specialist in dismissal law, we have been providing (national) legal assistance to employers and employees since 1997.
Forms of dismissal in The Netherlands
There are various forms of notice that make it compulsory for an employee to leave. Our dismissal lawyers in Amsterdam specialise in legal assistance for employers and employees in the event of termination of the employment contract:
- settlement agreement (termination by mutual consent),
- immediate dismissal (summery dismissal),
- dissolution of the employment contract by the subdistrict court,
- permission for termination by the UWV (termination with dismissal permit, economical grounds).
Legal assistance in the event of a settlement agreement
The employment contract can be terminated in consultation by means of a settlement agreement (vso or termination agreement). This is possible if the parties are (still) on speaking terms or if they wish to resolve an employment dispute.
The settlement agreement regulates all the consequences of the termination. A settlement agreement must meet certain conditions in order for the employee to be entitled to unemployment benefit.
Immediate dismissal is only possible in the event of serious misconduct, such as
- Refusal to work
- or fraud.
Our Dutch attorneys and lawyers employment law and dismissal law in Amsterdam can object to this form of notice in court within 2 months. The subdistrict court will then check afterwards whether all conditions have been met. We have a great deal of experience with legal assistance in these types of dismissal cases.
Dissolution of the employment contract by the subdistrict court judge
We also provide legal assistance in dissolution cases. The subdistrict court may dissolve the employment contract at the request of one of the parties. This is possible on the following grounds:
- If the UWV has refused permission;
- Regular illness;
- Acting imputably;
- Refusing to do the work because of an objection of conscience;
- Disrupted employment relationship;
- Other grounds (for a limited group such as football trainers);
- a combination of grounds for dismissal.
Consequences of dissolution of employment contract
The employer’s lawyer must properly justify this request for dismissal to the subdistrict court. The employee may put forward a defence by an attorney. If the judge grants the request, he or she determines the date on which the employment contract ends. If the judge grants the request, he or she can impose a transition allowance or fair compensation.
Legal assistance in the event of dismissal by the UWV
The UWV (Employee Insurance Agency) must grant permission for dismissal:
- long-term incapacity for work (more than 2 years);
- economic dismissal (such as redundancy).
Appeal in dismissal cases
Since June 2015, an appeal in dismissal cases is possible. Only lawyers are allowed to provide legal assistance on appeal. The court of appeal may decide to:
- or reinstate the employment contract,
- or decide to a fair compensation.
Unfairly laid off?
If you believe you have been unfairly laid off, you should contact WS Lawyers in Amsterdam.
Legal aid and employment law Amsterdam: Contact our dismissal specialist for legal aid in employment matters
Our Dutch employment & labour law and dismissal lawyer P.Chr. Snijders provides specialist legal advice and legal assistance in the event of dismissal and other employment disputes. Please contact our specialist in dismissal law for more information on employment law.