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:
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UWV procedure
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In case of dismissal for economic reasons.
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In case of dismissal after 2 years of illness.
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District Court
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In case of dismissal due to poor performance, disturbed employment relationship or serious culpable behavior.
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Termination with mutual consent
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Through a settlement agreement (VSO).
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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
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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.
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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.
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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
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📄 Check whether the employer has a valid dismissal ground.
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📝 Read the VSO carefully and do not sign immediately.
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📊 Check if you are entitled to a transition payment.
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🕑 Remember that you have 14 days of reflection time in case of a VSO.
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⚖️ Always engage a lawyer for control of the conditions.
Why Arslan Advocaten?
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Years of experience with expat dismissal cases
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Expert in both labor law and immigration law
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Support in negotiations and procedures
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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.
Practical Advice for Expats Facing Dismissal
Expats in the Netherlands should be proactive in understanding their rights and the dismissal process. Here are some practical steps to consider if you face dismissal or fear job loss:
- Review your employment contract: Check for any clauses related to termination, notice periods, and severance pay. Dutch contracts usually include minimum notice periods based on the length of employment.
- Understand the reason for dismissal: Your employer must provide a valid legal ground, such as economic reasons or poor performance. If the reason is unclear or seems unfair, seek legal advice immediately.
- Know your notice period and severance rights: In many cases, employees are entitled to a notice period or payment in lieu of notice. Additionally, severance pay (transitievergoeding) may be owed if you have worked for the employer for at least 24 months.
- Seek legal assistance early: Dismissal procedures can be complex. Prompt legal support ensures that you do not miss deadlines for contesting the dismissal or negotiating a fair settlement.
- Consider your residence permit status: Since many expats’ residence permits depend on employment, consult immigration lawyers if dismissal may affect your right to stay in the Netherlands.
Legal Protections Specific to Expats
While the general dismissal protections apply equally to expats, there are certain considerations unique to foreign nationals:
- Residence permit linked to employment: Losing your job may impact your residence and work permit, requiring quick action to either find new employment or switch permit types.
- Language barriers: Employers must ensure dismissal communications are clear. Expats have the right to request translations or legal explanations to fully understand dismissal terms.
- Discrimination safeguards: Dutch law prohibits dismissal based on nationality or ethnicity. If you suspect discrimination, you can file a complaint with the Netherlands Institute for Human Rights (College voor de Rechten van de Mens).
- Social security and benefits: Expats dismissed in the Netherlands may be entitled to unemployment benefits (WW-uitkering) if they meet contribution criteria, but timing and residence status are crucial factors.
Example Scenario: Dismissal for Economic Reasons
An expat working for a multinational company in Amsterdam receives notice that their position is redundant due to company restructuring. The employer initiates the UWV procedure to obtain permission for dismissal on economic grounds. The expat:
- Requests a clear explanation and documentation of the economic grounds;
- Consults a lawyer to review whether the dismissal criteria under Dutch law are met;
- Negotiates a settlement agreement to secure severance pay and support for finding new employment;
- Checks with immigration services how the dismissal affects their residence permit and explores options for permit renewal or change.
This proactive approach helps the expat safeguard their rights and plan their next steps effectively.
How Arslan & Arslan Advocaten Can Help
At Arslan & Arslan Advocaten, we understand the unique challenges faced by expats in the Netherlands. Our experienced lawyers specialize in employment law and provide tailored advice to protect your rights during dismissal procedures. Whether you need assistance negotiating a settlement, contesting unfair dismissal, or navigating the impact on your residence permit, we are here to help. Contact us today for a consultation and ensure your dismissal process is handled with care and expertise.
Frequently Asked Questions
Are expats in the Netherlands protected from unfair dismissal like Dutch employees?
Yes, expats are generally subject to the same dismissal rules as Dutch employees and cannot be fired without a valid legal ground. Employers must follow specific procedures like the UWV or court processes for lawful termination.
What should I do if I receive a settlement agreement (VSO) from my employer?
You should carefully read the VSO and utilize your 14-day reflection period before signing. It is advisable to consult a lawyer to ensure your rights are protected and you agree to fair conditions.
Can I claim compensation if I am dismissed unfairly as an expat?
Yes, expats are entitled to a transition payment, and in cases of serious employer misconduct, courts may also grant additional fair compensation. It’s important to seek legal advice to evaluate your specific situation.
What practical steps should I take if I am facing dismissal as an expat in the Netherlands?
Check if your employer has a valid dismissal ground, review any settlement agreement carefully, and ensure you are aware of your rights, including the 14-day reflection period. Consulting a lawyer can help safeguard your interests during negotiations.