Retaining an employment lawyer is crucial when your job, income, or reputation is under pressure. Dismissal, a settlement agreement, illness, a wage dispute, or a serious workplace conflict can have major consequences. An employment lawyer ensures that your rights are protected, deadlines are monitored, and that you are strategically well positioned against your employer. In this comprehensive article, you will learn how employment law works, which grounds for dismissal apply, and how to strengthen your position to the fullest.
When do you need an employment lawyer?
An employment lawyer is particularly necessary when legal action is imminent or has already been taken. Consider:
- Summary dismissal
- Dismissal via the UWV (business-economic reasons or long-term illness)
- Termination via subdistrict court (for example, underperformance or a disrupted working relationship)
- Termination via settlement agreement
- Non-payment of wages or bonus
- Sickness and reintegration disputes
- Dispute about transition payment or fair compensation
The earlier an employment lawyer is involved, the greater the chance that mistakes are avoided and room for negotiation arises.
The legal framework of employment law
Employment law is laid down in Book 7 of the Civil Code (article 7:610 BW et seq.). An employment contract can only be terminated if there is a reasonable ground for dismissal and reassignment is not possible.
The statutory grounds for dismissal
The law recognizes an exhaustive list of grounds for dismissal, including:
- d-ground: inadequate performance
- g-ground: disrupted employment relationship
- a-ground: business economic circumstances
- b-ground: long-term incapacity for work
- e-ground: culpable conduct by the employee
An employment law attorney assesses whether the employer has sufficiently built the file and whether all legal requirements have been met.
Summary dismissal
Summary dismissal requires an urgent reason and must be given without delay. In addition, the reason must be communicated immediately and clearly. An employment law attorney examines whether:
- The conduct is serious enough
- The dismissal was given immediately
- The justification is sufficiently specific
- There is scope for annulment of the dismissal
A mistake can lead to reinstatement of the employment relationship or substantial compensation.
Settlement agreement: always have an employment lawyer review it
A settlement agreement (VSO) may seem attractive, but often contains provisions that can turn out to be disadvantageous. An employment lawyer checks, among other things:
- The amount of the termination compensation
- Unemployment benefit eligibility
- Final release
- Non-compete or non-solicitation clause
- Release from work duties
- Payment of vacation days and bonus
Negotiating through an employment lawyer often leads to a significantly better settlement.
Transition payment and fair compensation
Upon termination of employment, an employee is in principle entitled to a transition payment. This is calculated based on the gross monthly salary and the length of service.
If the employer has acted in a seriously culpable manner, a fair compensation may also be awarded. An employment lawyer assesses whether there is serious culpability and what additional damages can be claimed.
Illness and reintegration
During sickness, dismissal is prohibited. Employers and employees have reintegration obligations under the Gatekeeper Improvement Act. Conflicts often arise over suitable work, continued wage payment, or expert opinions.
An employment law attorney can assist with:
- Wage sanctions
- Reintegration disputes
- Discussions with the occupational physician
- Dismissal during sickness
More information about sickness and work can be found at UWV and at the Government of the Netherlands.
Wage claim
If wages are not paid, a wage claim can be filed. In addition to the back pay, a statutory increase and interest can be claimed. An employment lawyer determines whether summary proceedings or proceedings on the merits are the most effective.
Read more about litigation on our page about procedural law.
Non-compete and non-solicitation clause
A non-competition clause can restrict a move to another employer. An employment lawyer assesses whether the clause is enforceable and whether it can be reduced or voided.
Evidentiary position in employment cases
In employment cases, emails, reports, warnings, and performance reviews are often decisive. An employment law attorney analyzes the evidentiary position and determines the litigation strategy.
Limitation and expiry periods
Short deadlines apply for challenging a dismissal (often two months). Wage claims are, in principle, time-barred after five years. Timely legal advice from an employment law attorney is essential.
Relationship with other areas of law
Employment law frequently intersects with:
Costs and subsidized legal aid
In employment law cases, if you qualify, we also work on a subsidized legal aid basis. This means that the Legal Aid Board reimburses a large part of the lawyer’s fees when your income is below the statutory threshold. You then pay only a statutory co-payment.
Case example
An employee received a termination proposal with a limited severance. After analysis by an employment lawyer, the termination file proved insufficiently substantiated. Through targeted negotiations, the compensation was increased and the non-compete clause was limited.
Conclusion: an employment lawyer protects your future
Dismissal or an employment dispute has a direct impact on your income and career. An employment lawyer provides legal clarity, strategic guidance, and maximum protection of your rights.
Would you like to have your situation assessed by an employment lawyer? You can contact us for an initial assessment of your file.
