In the Netherlands, employers cannot simply dismiss employees. As an employee, you are entitled to dismissal protection. This means that your employer may terminate the employment contract only in specific cases, and often permission from the UWV or the subdistrict court judge is required.
In this article, we explain step by step how dismissal protection works, which exceptions exist, and what rights you have in different situations.
What is dismissal protection?
Dismissal protection means that an employee may not be dismissed without a valid reason. Employers must:
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a statutory ground for dismissal have (for example business-economic reasons or underperformance);
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the notice period observe;
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in many cases request permission from the UWV or the cantonal judge.
Additionally, there are special situations in which dismissal is prohibited, for example during illness or pregnancy.
Prohibited grounds for dismissal: when may you not be dismissed?
In addition to general dismissal protection, there are cases in which your employer absolutely may not dismiss you. These are the so-called prohibited grounds for dismissal. For example, your employer may not terminate your employment contract because of:
- your descent, skin color, religion, sex, sexual orientation, disability, or nationality (discrimination is explicitly prohibited by law);
- requesting or taking parental leave;
- participation in a trade union or political organization, or standing up for employees’ interests;
- refusing to work on Sundays, if you are legally entitled to do so;
- performing military service abroad;
- your membership of the works council or a employee representation.
In all these cases, an employer may not terminate your employment. Dismissal on any of these grounds is strictly prohibited and can be reversed, with a possible entitlement to compensation or reinstatement of the employment.
What has changed in the obligation to continue paying wages for AOW-entitled employees since 1 July 2023?
Since 1 July 2023, an important change applies to employees who have reached the AOW-age. Is an AOW-entitled employee is ill, then the employer only has to continue paying the wages for six weeks to continue paying instead of the usual period. This measure makes it more attractive for employers to keep or hire someone with AOW employed or to hire, because the financial risk in case of illness is greatly reduced.
The chain regulation: right to a permanent contract
The chain regulation determines how many temporary contracts you may have in a row.
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You may have at most 3 temporary contracts get within a period of 3 years.
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Does the employment last longer or is there a fourth contract? Then you are automatically entitled to a permanent contract.
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Is there more than 6 months’ break between contracts, then the count starts over.
👉 Example: you receive three temporary contracts of one year each. After three years you are entitled to a permanent contract.
Successive employers: counting earlier contracts
Sometimes a new employer succeeds 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 hiring company;
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moving to another employer within the same corporate group;
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transfer of undertaking.
In that case, earlier contracts count. As a result, you may be entitled to a permanent contract sooner or have more protection against dismissal.
👉 Example: a temporary agency worker works at a company for 2 years and then is hired directly. His previous years as a temp count, which means he is immediately entitled to a permanent contract.
Dismissal protection during illness
During the first 2 years of illness there is a prohibition on termination. Your employer may not dismiss you then, unless there are special circumstances, such as:
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closure of the company;
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summary dismissal (for example in cases of fraud or theft);
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if you yourself agree to dismissal via a settlement agreement (be very careful with this!).
After 2 years of illness, the employer may apply for dismissal with the UWV, provided all reintegration obligations have been met.
How long must an employer continue to pay wages during illness?
In case of illness, your employer must continue to pay your wages for up to 2 years. During this period, you receive at least 70% of your salary per month. This is laid down in law to protect your income while you recover.For employees who have already reached the state pension-age, an exception applies. In that case, the employer only has to continue paying wages for 6 weeks during illness.Note: Sometimes a higher percentage or longer duration is agreed in your collective labor agreement (cao) or employment contract, so always check your contract or ask your employer about the exact rules in your situation.
What happens to a temporary contract that ends during illness?
Is your temporary contract ending while you are ill? Then the employer does not have to extend the contract. The employment ends on the agreed date. However, your employer must report you as sick upon leaving employment to the UWV. This means you may be eligible for a Sickness Benefits Act benefit after the contract ends.Note: You do not automatically retain the right to an extension of your temporary contract during illness, but you are protected against loss of income through the Sickness Benefits Act.
Obligations in cases of long-term illness and reintegration
In cases of long-term illness, both employer and employee have clear obligations regarding reintegration. The goal? Ensuring that you return to work (partially) as soon as possible.
- Reintegration plan: Your employer must draw up a reintegration plan together with you. It sets out, step by step, which actions are needed to return to your own job, or – if that is not possible – to suitable alternative work within the company or, if necessary, outside it.
- Active cooperation: You are expected to actively cooperate with this process. This includes following reasonable advice from the occupational physician, attending meetings, and performing tasks that you are able to do.
- Assessment by the occupational physician: Sometimes you may be called in by the occupational physician. You are required to cooperate, so that there is clarity about your capabilities and limitations.
What if either party does not comply with the rules?
- Employee: If you do not cooperate with the reintegration process, for example by ignoring instructions or failing to attend appointments, the employer may temporarily suspend salary payments. In the case of persistent obstruction, your protection against dismissal may even lapse.
- Employer: Does your employer fail to comply with the rules—for example, by making insufficient reintegration efforts? Then the UWV impose a ‘wage sanction’: the employer must continue paying your salary for up to one additional year, and dismissal will still not be possible.
Sanctions for non-compliance with reintegration obligations
Reintegration during illness is the responsibility of both the employee and the employer. If either party does not adhere to the agreements, this may have consequences.For employeesIf you do not actively cooperate with your reintegration (or, for example, with checks by the company doctor), the employer can temporarily stop or suspend your pay. If you persistently refuse, your protection against dismissal may lapse. In that case the employer may – after permission from the UWV – even apply for dismissal during illness.For employersThe employer is also expected to make every effort for your reintegration. If he fails to do so, the UWV as a sanction impose that wages must continue to be paid for up to one more year. In addition, the prohibition on giving notice is extended: you will then remain protected against dismissal for longer.In short: good cooperation during reintegration is essential to prevent unpleasant sanctions for both parties.
Protection against dismissal during pregnancy and leave
You may not be dismissed during:
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your pregnancy;
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pregnancy leave and maternity leave;
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parental leave.
A dismissal during this period is usually invalid. Only in exceptional cases, such as the employer’s bankruptcy, is dismissal permitted.
May a temporary contract not be extended during pregnancy?
It is permitted for a temporary contract to expire during your pregnancy and not be extended. An employer is not required to automatically convert a temporary contract into a permanent employment contract, not even during a pregnancy.There is one important condition, though: the decision not to extend the contract must not be motivated by your pregnancy. That would amount to pregnancy discrimination, which is prohibited. Your employer must therefore have another, objective reason for ending the contract, such as business-economic reasons or the completion of a project.Do you doubt your employer’s motivation? Then always ask for an explanation of the reason for the non-renewal. Do you suspect that your pregnancy was the decisive factor? Then you can consider taking legal action or reporting this to the Netherlands Institute for Human Rights,
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Dismissal due to reorganizationIn the case of a reorganization or dismissal for economic reasons, the employer must always request permission from the UWV
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. In doing so, they look at:
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the necessity of the dismissal;the application of the reflection principle
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(fair distribution of dismissals across age groups);
whether there are redeployment options within the company.Sometimes the employer instead offers a settlement agreement (VSO)
. Then you can negotiate the terms yourself.
Summary dismissalSummary dismissal is only possible in the case of a urgent reason
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, for example:
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theft or fraud;
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violence or threats;
serious refusal to work.The employer must give notice of dismissal immediately and clearly. As an employee, you can challenge this dismissal at the subdistrict court
. Do you have questions about your protection against dismissal, or do you doubt whether your dismissal is justified? Even if you are not sure whether the correct procedures have been followed, or if you want to know what your rights are, it is wise to seek legal advice. You can be informed about your options, for example whether it makes sense to file an objection or to negotiate a severance arrangement.
Dismissal via a settlement agreement (VSO)Many employers try to arrange a dismissal with a settlement agreement
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. With that, you make agreements together about the end of your employment. Pay close attention:The reason for dismissal must neutral
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be (otherwise the UWV may refuse your unemployment benefits).You often retain the right to a severance payment
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.
You can negotiate extras, such as a higher compensation or release from work.
👉 Are you signing a VSO? Always have it checked by an employment lawyer.
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Dismissal protection checklist
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📑 Does your employer have a valid reason for dismissal?
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⚖️ Is dismissal via the UWV or subdistrict court necessary?⏳ Are you in the chain rule
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or with a successor employer?
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👩⚕️ Are you ill or pregnant, then a dismissal ban often applies.
📝 Have you received a VSO, have it legally reviewed.
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 a break of more than 6 months.
3. Does my temp agency work count if I later join the same company?
Yes, often it does. This is called successive employment.
4. Is my employer allowed to dismiss me during illness or pregnancy?
In principle, no. Prohibitions on termination apply in these situations.
5. What should I do if I am offered a VSO?
Always have it reviewed by an employment lawyer to protect your rights.
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Why Arslan Advocaten?Specialized in
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employment law and dismissal casesExperienced with
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chain provision, successive employers and reorganizationsNegotiating for
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higher compensation and better termsAlways focused on preserving your
unemployment benefit rights and dismissal protection
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