In the Netherlands, employers cannot simply dismiss employees. As an employee, you enjoy dismissal protection. This means that your employer may only terminate the employment in specific cases, and often requires the permission of the UWV or the subdistrict court.
In this article, we explain step by step how dismissal protection works, what exceptions exist, and what rights you have in different situations.
What is dismissal protection?
Dismissal protection means that an employee cannot be dismissed without a valid reason. Employers must:
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have a legal dismissal ground (for example, business economic reasons or underperformance);
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respect the notice period;
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in many cases ask for permission from the UWV or the sub-district court.
In addition, there are special situations in which dismissal is prohibited, for example during illness or pregnancy.
The chain rule: right to a permanent contract
The chain rule determines how many temporary contracts you can have in a row.
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You may have a maximum of 3 temporary contracts in a period of 3 years.
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Does the employment last longer or is there a fourth contract? Then you automatically have the right to a permanent contract.
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If there is more than 6 months interruption between contracts, then the count starts again.
👉 Example: you get three temporary contracts of one year each. After three years, you are entitled to an indefinite period contract.
Successive employer: counting previous contracts
Sometimes a new employer follows the previous employer, while you continue doing the same work. Think of:
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working through a temp agency and later employed by the hirer;
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switching to another employer within the same group;
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transfer of business.
In that case, previous contracts count. As a result, you may be entitled to a permanent contract or more dismissal protection sooner.
👉 Example: a temp worker works at a company for 2 years and then joins directly. His previous temping years count, so he immediately has the right to a permanent contract.
Dismissal protection during illness
During the first 2 years of illness, a resignation prohibition applies. Your employer may not dismiss you, unless there are special circumstances, such as:
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termination of the company;
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dismissal on the spot (for example in the case of fraud or theft);
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if you agree to dismissal via a settlement agreement (be careful with this!).
After 2 years of illness, the employer may request dismissal from the UWV, provided all reintegration obligations have been met.
Dismissal protection during pregnancy and leave
You may not be dismissed during:
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your pregnancy;
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pregnancy and maternity leave;
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parental leave.
A dismissal during these periods is usually invalid. Only in exceptional cases, such as bankruptcy of the employer, dismissal is allowed.
Dismissal during reorganization
In a reorganization or business economic dismissal, the employer must always ask for the UWV’s permission. This looks at:
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the need for dismissal;
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applying the mirror principle (fair distribution of layoffs across age groups);
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whether there are redeployment opportunities within the company.
Sometimes the employer offers instead a settlement agreement (VSO). Then you can negotiate the terms yourself.
Instant dismissal
Instant dismissal is only possible with a compelling reason, for example:
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theft or fraud;
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violence or threats;
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serious defiance of work.
The employer must give the dismissal immediately and clearly. As an employee, you can contest this dismissal in the sub-district court.
Dismissal via settlement agreement (VSO)
Many employers try to arrange dismissal with a settlement agreement. With this, you both make agreements about the end of your employment. Pay close attention:
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The reason for dismissal must be neutral (otherwise the UWV can refuse your WW).
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You often retain the right to a transition compensation.
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You can negotiate over extras, such as a higher compensation or exemption from work.
👉 If you sign a VSO? Always have it checked by an employment law attorney.
Checklist dismissal protection
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📑 Does your employer have a valid reason for dismissal?
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⚖️ Is dismissal via UWV or sub-district court necessary?
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⏳ Are you in the chain rule or with successive employers?
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👩⚕️ If you are sick or pregnant, a resignation prohibition often applies.
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📝 If you have been offered a VSO, have it legally checked.
Frequently Asked Questions (FAQ)
1. Can my employer just dismiss me?
No, there must always be a legal ground.
2. When do I automatically get a permanent contract?
After three temporary contracts or three years of employment, unless there is more than 6 months of interruption.
3. Does my temp work count if I later join the same company?
Yes, often. This is called successive employership.
4. Can my employer dismiss me during illness or pregnancy?
In principle no. Resignation prohibitions apply in these situations.
5. What should I do if I am offered a VSO?
Always have it checked by an employment law attorney to protect your rights.
Why Arslan Advocates?
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Specialized in labor law and dismissal cases
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Experienced with chain rule, successive employership and reorganizations
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Negotiate for higher compensations and better conditions
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Always focus on maintaining your WW rights and dismissal protection
Conclusion
Dismissal protection in the Netherlands is strong, but not absolute. Employers must adhere to strict rules and procedures. However, many mistakes are made in practice. Therefore, it is wise to always seek legal advice when you are dealing with dismissal. This way you prevent losing rights or money.
