Expats working in the Netherlands often wonder how well they are protected against dismissal. The rules in the Netherlands are strict and employees – including expats – cannot just be fired. However, employers sometimes try to take advantage of the fact that expats are less familiar with Dutch law.

At Arslan Advocaten, we have extensive experience with expat dismissal cases and ensure that their rights are protected.

Expat dismissal: the basic rules

In principle, expats are subject to the same dismissal rules as Dutch employees. An employer can only terminate an employment contract if there is a legal ground for it.

The main dismissal routes are:

1. UWV procedure

   • In case of dismissal for economic reasons.

   • In case of dismissal after 2 years of illness.

2. District Court

   • In case of dismissal due to poor performance, disturbed employment relationship or serious culpable behavior.

3. Termination with mutual consent

   • Through a settlement agreement (VSO).

Extra vulnerability of expats

Expats often have a temporary residence permit that is linked to their job. Dismissal can therefore have far-reaching consequences, such as loss of residence status or return to their home country.

Employers and expats should take this into account during negotiations about dismissal.

Practical Examples

• Example 1: An expat from India was dismissed due to reorganization. His employer offered too low a compensation. Through negotiations with Arslan Advocaten, he not only received the transition payment, but also an additional compensation due to the employer’s careless behavior.

• Example 2: An expat from the US was offered a VSO without a consideration period. We ensured that the employee took advantage of the statutory 14-day reflection period and was afterwards able to enforce better conditions.

• Example 3: An expat from Brazil was dismissed after 1.5 years of service due to poor performance. Because the employer had insufficient file build-up, the district court rejected the dismissal request and the expat stayed in service.

Dismissal Compensation for Expats

Expats are entitled to the same transition payment as other employees. In addition, the court may grant a fair compensation if the employer has acted seriously culpable.

Checklist for Expats at Dismissal

• 📄 Check whether the employer has a valid dismissal ground.

• 📝 Read the VSO carefully and do not sign immediately.

• 📊 Check if you are entitled to a transition payment.

• 🕑 Remember that you have 14 days of reflection time in case of a VSO.

• ⚖️ Always engage a lawyer for control of the conditions.

Why Arslan Advocaten?

• Years of experience with expat dismissal cases

• Expert in both labor law and immigration law

• Support in negotiations and procedures

• Personal and practical advice in clear language

FAQ About Dismissal Protection for Expats

1. Do I as an expat have the same dismissal protection as Dutch employees?
Yes, the law does not distinguish between expats and other employees.

2. Can my employer terminate my residence permit?
No, only the IND decides on residence permits. However, dismissal can affect your residence status.

3. What is a transition payment?
This is the legal compensation that you receive upon dismissal, including with temporary contracts.

4. Can I sign a settlement agreement immediately?
No, always take reflection time and have it legally checked.

5. Does it cost me money to hire Arslan Advocaten?
No, often the employer recovers the costs or these are fully recovered by us.