Are you dealing with a layoff, or an impending layoff? As an employee? Or as an employer?
In any case, it is important to build up a good file as soon as possible and to know what your rights are. As a law firm in the Netherlands, specializing in dismissal cases, we are here to help you.
There are a number of ways in which an employment contract under Dutch law can be terminated by a resignation.
The three most common ways of dismissal are:
Thus, the method of dismissal depends on the reason for dismissal and the relationship between the employer and the employee.
An employer can request a dismissal permit from the UWV. To do so, there must be sufficient economic circumstances. This is the case if the employer can show that one or more of the following reasons are present:
The employer must show that it is necessary for the job to be abolished and that the dismissal is therefore necessary. He can do this, for example, by showing financial data relating to the business, such as profit and loss accounts and prognoses.
Which employee is eligible for dismissal due to economic reasons is determined by what is known as the "demographic principle". According to this principle, employees are divided into age categories for each category of interchangeable positions. The employee with the shortest employment history in his/her age category is the first to be considered for dismissal. However, the UWV will only grant a dismissal permit if the employee cannot be reassigned to another suitable position.
The employee should be given the opportunity by the UWV to defend against the employer's dismissal request.
As a lawyer specializing in Dutch dismissal law, Aroon Gonesh is not only specialized in drafting a dismissal request of the employer, but also in conducting a defense against a dismissal request.
As a dismissal lawyer in the Netherlands, Aroon has knowledge and experience in legally assessing and, where possible, challenging dismissal requests. Aroon's expertise includes business & economic expertise to assess the financial substantiation provided by the employer for the dismissal request.
The UWV decides, partly on the basis of the defence, whether the intended dismissal will be permitted or not.
If the UWV issues a dismissal permit, it is possible for the employee to appeal. As a dismissal lawyer, Aroon represents both employers and employees in an appeal against a dismissal permit from the UWV
An employer can initiate dismissal proceedings before the subdistrict court if the employee is malfunctioning. In such a dismissal procedure, the employer will have to provide evidence that there is indeed a sufficient case of malfunctioning and that the malfunctioning of the employee in question has been pointed out several times and the possibility to improve the functioning has been given.
For example, the employee is dysfunctional when he (she) does poor quality work. Or when the employee deals poorly with his (her) colleagues and (or) the customers of the employer.
Here it is important that it is made clear to the employee what is expected of him or her in the position (which is often described in a job description).
In order to prove that an employee's performance is inadequate, the employer will have to present a sufficient file to the subdistrict court, containing, for example, the repeated warnings to the employee, performance reports, reports of appraisal interviews, and statements from other employees.
For the employer, it is necessary to build a good file for a dismissal. It is important for an employer to seek advice at an early stage from a dismissal specialist, such as Aroon.
For the employee, it is important to read and save the performance and assessment reports carefully. Where necessary, the employee should object to any incorrect or incomplete account of the conversations.
It is practically always advisable to use a dismissal lawyer in the event of a dismissal. To begin with, an employer must build a good file to prove that the employee should indeed be fired. In many cases, such a file is insufficient. And for the employee, it is important to respond effectively to a request for termination and not to leave any factual legal arguments unanswered.
In addition to dismissal procedures at the UWV and the subdistrict court, Aroon will advise and assist you as a dismissal lawyer in matters concerning:
Would you like to submit your legal question about a dismissal to Aroon? Do you, as an employer or employee, need legal support with a dismissal in the Netherlands?
Please feel free to contact Aroon Gonesh. For example, by calling 070-3050502 or sending an email to info@goneshadvocatuur.nl.
Aroon is happy to have a no-obligation, confidential introductory meeting with you, and to provide initial no-obligation telephone advice on dismissal law. In a personal meeting you can present your legal question to him. Aroon will then be happy to jointly consider what he, as a Dutch dismissal lawyer, can do for you in your dismissal case.
When you are facing a dismissal matter, you don't want just any lawyer. You want a good lawyer, specialized in dismissal cases. If possible, the best lawyer for you and your dismissal case.... I strive to be that for my clients. Whether they are employers or employees; a good dismissal lawyer in The Hague. Advocacy is not my job ... it is my passion. The trust that clients have in me for that reason is a matter of honor for me. Their interest is always leading for me as a lawyer. That is what drives me.
© 2022, Gonesh Advocatuur, law firm in The Netherlands