Came from overseas and got a job in the Netherlands? Very exciting. Everything is different. And many foreigners don’t know that, which is a shame. That way you can be fired. Employees are very well protected in the Netherlands. Without you possibly knowing it, you simply fall under Dutch Employment Law.
Because, can I be fired? Am I entitled to severance pay? Do I have to agree to a proposal from my employer?
That is why you can use some legal help in such a situation. From an expert who deals with dismissal on a daily basis. Together you list what your rights are and what steps you can take. This prevents you from making a choice that is not in your interest.
It is also very normal and also professional if you are well informed about your rights and obligations. With legal assistance insurance you are insured for legal advice. The premium you pay per year is lower than the average daily rate of a lawyer. If you don’t, a dismissal case can quickly cost you several thousand euros. Because you don’t know all the ins and outs, you can be fobbed off with a much lower fee. You are then a thief of your own wallet.
For example, in the Netherlands you will not just be fired if you have a permanent contract. An employer will usually try to work it out with you. This is called ‘dismissal by mutual consent’. The advantage for your employer is that he does not need permission from the UWV or the subdistrict court. There are also situations in which it is forbidden to fire you. For example if you are sick or pregnant. If an employer wants to fire you, you are not obliged to agree to it. That is why an employer will try to negotiate with you. For example, about a financial compensation and the date of termination of employment. You will discuss this together. You have the right to request a cooling-off period during this phase. Then don’t make a hasty choice. It is advisable to seek legal advice at this stage.
Are you aware of what the UWV does and its role? Employers are obliged to request permission in some situations. If you have been ill for more than 2 years or if it is a dismissal ‘for economic reasons’.
Does not 1 of the 2 situations apply to you for which the employer has to go to the UWV? And can you and your employer not come to an agreement when negotiating? Then your employer can request dismissal from the subdistrict court. He must give a clear reason for your dismissal and also prove it. The judge decides whether you can be fired and when the contract ends. He will also decide whether you will receive an extra compensation.
So you see that dismissal in the Netherlands is not even that easy.
In the coming period we will pay more attention to these kinds of matters so that you are better protected and can also make use of things that most Dutch people already do, namely taking out legal assistance insurance. Just do a small sample of Dutch colleagues. Then you will find out that more than 90% have legal expenses insurance. A low premium for a high protection package.