Redundancy and dealing with losing your job in The Netherlands
Highly skilled migrants or expat and made redundant? WS Advocaten in Amsterdam is a specialist in legal advice on settlement agreements for highly skilled migrants and expats. A settlement agreement, also known as a termination agreement or VSO, governs dismissal (job losses) by mutual consent.This means you no longer have to go to a Dutch court or to the UWV for permission to receive unemployment benefits. With the settlement agreement, your employment contract ends and you will normally receive unemployment benefit afterwards.
Laid off – termination of employment relationship – legal help on employment termination
Redundancy: This happens when your job in the company no longer exists, either because the business is closing or is reducing staff.
For a redundancy to be genuine, the employer must therefore demonstrate that the employee’s job will no longer exist. It might be because your employer:
- doesn’t need as many people for the work; labour-saving technology has made various jobs obsolete;
- is trying to cut costs; significant financial cutbacks are needed; decline in the profitability;
- is moving, closing down, or being taken over;
- a reevaluation of the role.
Redundancy is a form of dismissal from your job. It happens when employers need to reduce their workforce. When your employer in The `Netherlands comes up with a dismissal proposal or resignation letter, it is important to seek legal advice quickly on the content of the settlement agreement. You can only agree it once. Our independent specialists will ensure that your dismissal is properly regulated.
Economic reason for dismissal and Separation Agreement
Reorganising a business can be an unsettling experience for all those involved. When we talk about restructuring and redundancy, this is where changes are made to the organisational structure or roles within a company or organisation, removing the need for work of a particular kind. If the employer can substantiate that there is an economic reason for dismissal, in many cases the UWV grants permission to terminate the employment contract.
Because this is a time-consuming procedure, many employers prefer a settlement agreement: a separation package.
Many settlement agreements (VSO’s) in The Netherlands are incomplete or legally incorrect
Many settlement agreements are legally incorrect. Often, nothing is settled about a certificate or the expiry of a non-competition clause, or you can get more in severance pay. Sometimes you are not entitled to WW, for example in case of illness or a fixed-term contract. An experienced employment lawyer in Amsterdam will check this and negotiate on your behalf for the best dismissal deal.
Redundancy for skilled migrants and expats: your rights
In doing so, we will look at, among other things, all questions regarding unemployment, the end date of the employment contract, the severance payment (transitievergoeding), the 14-day withdrawal period, the right to WW benefit, payment of outstanding holidays and holiday pay, competition and relation clauses, work release, outplacement, repayment of study costs, surrendering property, reimbursement of legal costs in case of dismissal, retaining your laptop or mobile phone, and providing good references.
Restructuring, job position made redundant: never just sign a VSO
So never just sign a settlement agreement (separation agreement), no matter how much your employer wants you to. Moreover, in most cases, a much better dismissal arrangement is possible. A well-arranged dismissal can save you a lot of money.
Statutory transitional compensation
Sometimes a social plan regulates dismissal. The works council or unions have then negotiated this. Often, if you are made redundant, you can opt for an early retirement scheme, which is often more advantageous than the statutory transitional compensation alone.
Highly skilled migrant and expats facing redundancy in Amsterdam
Are you an expat or highly skilled migrant facing redundancy in the Netherlands? A highly-skilled migrant is defined by the Immigration Service as an employee who works for a recognized sponsor in the Netherlands on the basis of a work contract and fulfills specific requirements. Companies wishing to hire an employee as a highly-skilled migrant must be a recognized sponsor of the IND. Highly skilled migrants have a period of three months to look for another job.
Legal review of mutual separation agreement: we check all aspects of the settlement agreement for you
Our Amsterdam lawyers will check all aspects of the settlement agreement for you, so you can be sure that everything has been arranged correctly. In many cases, a better arrangement and therefore sometimes a higher severance pay is possible, or a later termination date. Our legal experts can make sure your rights are protected and that you’re treated fairly.
Our lawyer in dismissal law in Amsterdam will advise you when entering into a VSO on the right compensation in case of dismissal.
Assessment of settlement agreement: legal advice on a VSO is almost always free of charge for employees
Legal advice on a settlement agreement for highly skilled migrants and expats is almost always free of charge for employees, as most termination agreements include a certain budget for legal fees. We normally stay within that budget.
Advice on termination of employment in The Netherlands for highly skilled migrants and expats
For expert legal advice and to check your settlement agreement in Amsterdam for highly skilled migrants and expats, call 020-5221999. At WS Advocaten, you are assured of a well-settled dismissal.
