Dismissed, or a problem at work? Read this first.
As a rule you have two months to challenge a dismissal in court. After that the right lapses, even if the dismissal was unfair.
- Signed nothing yet? Do not sign anything before it has been checked.
- Signed a settlement agreement (vaststellingsovereenkomst)? You normally have fourteen days to reconsider.
- Send us your contract and your employer’s letter and we will tell you where you stand.
Bel 070 450 0300Stuur uw stukken op
Het eerste gesprek is kosteloos en vertrouwelijk. Zes vestigingen in Nederland. Wij spreken ook Turks, Pools en Engels.
Expats with a Dutch employment contract enjoy the same dismissal protection as Dutch employees: notice can only be given on reasonable grounds and after permission from the UWV or the subdistrict court (Articles 7:669 and 7:671a of the Dutch Civil Code). Do bear in mind that your residence permit may be linked to your job.
Expats working in the Netherlands often wonder how well protected they are against dismissal. The rules in the Netherlands are strict and employees — including expats — cannot simply be dismissed. Nevertheless, 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 dismissal cases involving expats and we make sure their rights are protected.
Dismissal of expats: the basic rules
In principle the same dismissal rules apply to expats as to Dutch employees. An employer can only terminate an employment contract if there are statutory grounds for doing so.
The main dismissal routes are:
-
UWV procedure
-
For dismissal on economic business grounds.
-
For dismissal after 2 years of illness.
-
-
Subdistrict court
-
For dismissal on grounds of underperformance, a disrupted working relationship or seriously culpable conduct.
-
-
Termination by mutual consent
-
By means of a settlement agreement (VSO).
-
Additional vulnerability of expats
Expats often hold a temporary residence permit that is linked to their job. Dismissal can therefore have particularly far-reaching consequences, such as loss of residence status or a return to their home country.
Employers and expats should take this into account in negotiations about termination.
Examples from practice
-
Example 1: An expat from India was dismissed because of a reorganisation. His employer offered too low a payment. Through negotiations with Arslan Advocaten he received not only the transition payment but also an additional payment because of the employer’s careless conduct.
-
Example 2: An expat from the United States was offered a settlement agreement without any reflection period. We ensured that the employee made use of the statutory 14-day reflection period and was then able to secure better terms.
-
Example 3: An expat from Brazil was dismissed for underperformance after 1.5 years of employment. Because the employer had not built up a sufficient file, the subdistrict court rejected the dismissal request and the expat remained employed.
Severance pay for expats
Expats are entitled to the same transition payment as other employees. In addition, the court may award fair compensation if the employer has acted in a seriously culpable manner.
Checklist for expats facing dismissal
-
Check whether the employer has valid grounds for dismissal.
-
Read the settlement agreement carefully and do not sign immediately.
-
Check whether you are entitled to a transition payment.
-
Remember that you have 14 days’ reflection period with a settlement agreement.
-
Always engage a lawyer to check the terms.
Why Arslan Advocaten?
-
Years of experience with dismissal cases involving expats
-
Expertise in both employment law and immigration law
-
Support in negotiations and proceedings
-
Personal, practical advice in plain language
FAQ on dismissal protection for expats
1. As an expat, do I have the same dismissal protection as Dutch employees?
Yes, the law makes no distinction between expats and other employees.
2. Can my employer terminate my residence permit?
No, only the IND decides on residence permits. Dismissal can, however, affect your residence status.
3. What is a transition payment?
It is the statutory payment you receive on dismissal, including under temporary contracts.
4. May I sign a settlement agreement straight away?
No, always take time to reflect and have it reviewed legally.
5. Does engaging Arslan Advocaten cost money?
No, the employer often bears the costs, or we recover them in full.
Specific points of attention for expats facing dismissal
Although expats in the Netherlands enjoy the same dismissal protection as Dutch employees, there are a few specific points that are important to bear in mind:
- Cultural and language barriers: Expats sometimes do not fully understand their rights or the dismissal process because of language differences. It is therefore essential to seek legal advice as soon as dismissal is threatened.
- Residence status and work permit: For expats who depend on a work permit, dismissal can also affect their residence status. In many cases the employer must inform the IND (Immigration and Naturalisation Service) about the end of the employment, which can lead to withdrawal of the work permit. This makes it all the more important to obtain legal advice in good time.
- Social security rights: In some cases expats are less familiar with their rights to social provisions such as unemployment benefit (WW). In the Netherlands an employee who becomes involuntarily unemployed is usually entitled to a WW benefit, provided the conditions are met.
Practical tips on dismissal as an expat
- Always ask for written confirmation: Always have a dismissal letter or termination agreement recorded in writing. This matters for any legal proceedings.
- Check the notice period: The Netherlands has a statutory notice period that depends on the length of employment. These periods must be observed.
- Use the transition payment: On dismissal after at least 24 months of employment, an employee is usually entitled to a transition payment. This is financial compensation that can help with the move to a new job.
- Watch out for unlawful dismissal: Dismissal without valid grounds or without the correct procedure can be invalid. In that case the employee can start proceedings before the subdistrict court to challenge the dismissal.
How Arslan & Arslan Advocaten can help you
At Arslan & Arslan Advocaten we understand that dismissal is a far-reaching event, certainly for expats who are still adjusting to the Dutch legal system. Our specialised lawyers offer you expert guidance at every step of the process. Whether it concerns assessing a dismissal letter, negotiating a settlement agreement or starting proceedings before the subdistrict court, we are here for you.
Do you want to be sure that your rights as an expat are respected and protected? Then contact Arslan & Arslan Advocaten for a no-obligation consultation. Together we will make sure you can face your future in the Netherlands with confidence.
Read also
- Settlement agreement and underperformance: what are your rights?
- Accident in construction: what are your rights?
- Workplace accident involving a temporary worker: who is liable?
Frequently Asked Questions
What are the main rules for the dismissal of expats in the Netherlands?
In principle expats in the Netherlands fall under the same dismissal rules as Dutch employees, which require statutory grounds for dismissal. There are various dismissal routes, such as via the UWV, the subdistrict court or by mutual consent.
What are the additional risks for expats facing dismissal in the Netherlands?
Because expats often hold a temporary residence permit linked to their job, dismissal can lead to the loss of their residence status or a return to their home country. That makes the process especially sensitive and important to handle properly.
How can a lawyer help with the dismissal of an expat?
A lawyer can check whether the grounds for dismissal are valid, assess the terms of a settlement agreement and negotiate a better payment. They ensure that the expat’s rights are protected.
What payments can expats receive on dismissal in the Netherlands?
Expats are entitled to the transition payment, and the court may also award fair compensation if the employer has acted in a seriously culpable manner. It is important to have this checked by a lawyer.