Facing a threatened dismissal, a damaged working relationship or a dispute about work during illness? Arslan Advocaten advises employees and employers from Den Bosch on their position under employment law. We assist clients from ‘s-Hertogenbosch from our offices in Tilburg and Eindhoven.
An employment dispute calls for a clear objective. Do you want to keep your job, assess the terms for leaving, receive your pay or, as an employer, build a careful file? That choice determines which information is needed and which next step makes sense. Report short time limits, a summary dismissal or a court document you have received straight away.
Discuss your employment dispute. State your role, the main event and the date of the most recent letter.
Your employment law question determines the approach
| Situation | What needs to become clear? | Preparation |
|---|---|---|
| Dismissal is announced | Which reason and route is the employer using? | Dismissal letter, contract and underlying correspondence. |
| There is a proposal to leave | Does the arrangement match your rights and the outcome you want? | Settlement agreement, payslips and outstanding entitlements. |
| The working relationship has broken down | Which facts, conversations and solutions have been recorded? | A chronology with reports and responses. |
| Illness and returning to work lead to conflict | Which arrangements apply and what is the reason for a measure? | Reintegration correspondence and relevant advice. |
Dismissal: assess the reason and the route that was followed
In a dismissal, what matters is not only why the employer wants to end the employment, but also how. A reorganisation, long-term incapacity for work and a personal conflict each involve different points of attention. Being told that “the decision is final” does not mean that the legal assessment has been completed.
Ask for the proposal or decision and the reasons in writing. Gather your contract, addenda, job description and relevant correspondence. If proceedings have been announced, the documents submitted and the time limit for responding are also needed. See the general explanation of dismissal and the different routes.
Summary dismissal
A summary dismissal requires quick action. The reason given, the timing and the way in which the dismissal was communicated deserve immediate assessment. Note down who said what and keep the written confirmation. Your own response can have consequences; do not confine yourself to an oral protest if a court step may be necessary.
Read the information about summary dismissal and state the date of dismissal straight away in your request. Negotiating or corresponding does not automatically prevent a limitation period from expiring. Have the applicable time limit expressly established.
A temporary contract that expires
A temporary contract that ends by operation of law is a different situation from early termination. Also examine earlier contracts, renewals and any collective labour agreement provisions. These may be relevant to the nature of the employment and to separate entitlements. Bring the complete contract history, including earlier agency work if that plays a role.
Assessing a settlement agreement: more than negotiating the payment
With a settlement agreement, you arrange the end of the employment by mutual consent. Besides the payment, the end date, initiative, reason, notice period and entitlement to benefits must be examined. Release from work, holiday entitlement, a bonus, company property and a contribution to legal costs can also be recorded.
Check non-compete, non-solicitation and confidentiality clauses. A severance arrangement may leave little room for your next job if a clause continues to apply. A final discharge also requires attention: which known or still disputed claims does it settle? Read the in-depth explanation of checking a settlement agreement.
Cooling-off period after an agreement
For employees, a statutory cooling-off period of fourteen days in principle applies to a termination agreement. If the required statement is missing, that can be three weeks. The precise application and exceptions must be assessed. The Dutch government explains the rules on dismissal and mutual consent.
A cooling-off period is no substitute for advice beforehand. If you withdraw from an agreement, the negotiations or the dismissal route may change again. So when you first contact us, state whether you have already signed and when the agreement was concluded.
Poor performance or a damaged working relationship
A negative meeting does not automatically mean that there is a legally sufficient dismissal file. Relevant factors include the expectations, earlier feedback, the support offered and the opportunities to remedy problems. In the case of a damaged relationship, it must be examined what happened and which attempts at improvement have been made.
Make a timeline of concrete events. What were you accused of, when did you respond and which arrangements were made? Keep performance reviews and your own written responses. Do not sign a report without understanding whether you are only confirming receipt or also agreeing with its content.
Fictitious example: an employee receives written criticism for the first time and a proposal to leave a few days later. What is then relevant is what was discussed earlier about performance and what guidance was possible. Conversely, a long, well-documented process may lead to a different assessment. The file determines the negotiating position, not a single general rule of thumb.
Illness, reintegration and pay measures
In the event of illness, medical capacity for work and legal obligations must be carefully kept apart. The company doctor plays a role in the medical assessment. In addition, the employer and employee must carry out the reintegration arrangements. Disagreement about suitable work or information can lead to a warning or a pay measure that needs to be looked at quickly.
Ask which measure is being taken and on what grounds. Suspending pay and stopping pay have different meanings and consequences. Keep the warning, relevant arrangements and your response. Do not assume without an assessment that a deduction is always justified or always prohibited.
During the first two years of illness, a prohibition on giving notice applies in principle, but there are exceptions and special situations. UWV explains protection against dismissal during illness. Our page on dismissal and illness covers the connection with termination and income.
Non-compete clause and moving to a new employer
A new job can be made more difficult by a non-compete or non-solicitation clause. For an assessment, the wording of the clause, the type of contract, your position and the intended work are relevant. A restriction may go further than you expect, but it is also not enforceable as a matter of course in every situation.
Discuss the clause before you make any commitments about a start date or client contacts. In a settlement agreement, the effect of existing clauses can be expressly regulated. Also keep earlier addenda or permissions: a later arrangement may be relevant to the interpretation.
Employers would do well to specify which interest requires protection. A very broad standard wording may raise questions about validity or application. Our general employment law page explains contracts and clauses further.
Unpaid wages and the final settlement
For a pay question, the assessment starts with a verifiable calculation. Compare the contract, payslips, hours worked and bank payments. Show separately which amounts are missing for salary, allowances, holiday pay, holiday entitlement or other arrangements. Also state which explanation the employer has given.
At the end of the employment, it is important that the final settlement matches the arrangements in a settlement agreement or other termination documents. A general confirmation that everything has been paid may unintentionally lead to disputes about outstanding amounts. See the explanation of claiming unpaid wages.
Advice for employers from Den Bosch
A careful approach starts before the conflict escalates. Record arrangements and expectations clearly, keep consistent records and respond specifically to warning signs. In the case of absence due to illness, an improvement plan or an intended termination, we assess which steps fit your file and obligations.
We can review a proposal or file and assist with negotiations or preparing for proceedings. In doing so, we also discuss the practical outcome: restoring the working relationship, adjusted arrangements or a legally sound termination. Before we accept instructions, we check that there is no conflict of interest.
What do we need for targeted advice?
- Your objective: staying, leaving, receiving payment or preparing an employer’s decision.
- Your contracts: the current agreement, amendments and the applicable collective labour agreement, where known.
- The key documents: letters, proposals, warnings and court documents.
- A factual timeline: important conversations, measures and responses.
- The time limit: the date by which action is requested or rights may lapse.
At first contact, only send what is needed to understand the question and its urgency. We will then discuss which additional information is needed. Only use documents that you lawfully have in your possession; your file does not need to be a complete copy of a company archive.
Costs and contact via Tilburg and Eindhoven
For Den Bosch, our offices in Tilburg and Eindhoven provide the contact route. Indicate which office you prefer. The competent authority or court is determined on the basis of your case; an office address does not in itself answer that question.
We discuss the work and costs in advance. In a severance arrangement, a contribution by the employer towards legal assistance can be negotiated. Depending on your situation, legal expenses insurance or subsidised legal aid may also be relevant. Reimbursement is not automatic; have the conditions assessed before you incur costs on the basis of that expectation.
Frequently asked questions about employment law in Den Bosch
Can I ask for advice while I simply carry on working?
Yes. You do not have to wait until the employment relationship ends. Early advice can help you respond carefully, organise your file and discuss practical solutions.
My employer already has a lawyer. What does that mean?
You can have your own position assessed. Bring the correspondence you have received and mention any time limits that have been set. The fact that the employer has engaged a lawyer says nothing in itself about the legal outcome.
Do I have to agree to mediation?
That needs to be looked at in context, especially if illness or reintegration is involved. Ask what the purpose and conditions are, and have your position assessed before you refuse or agree without explanation.
Is the payment offered automatically correct?
No. The applicable entitlements, contract details and the overall arrangement must be examined. An attractive amount may go hand in hand with unfavourable arrangements about the end date, clauses or final discharge.
Can I get help quickly with a pay dispute?
State which amounts are missing and what this means for you. We assess the urgency and the possible route. Fast-track proceedings are not appropriate in every case and must be sufficiently substantiated.
What if I work outside Den Bosch?
That need not be an obstacle. State the employer, the workplace and any international aspects. We assess which rules and practical contact options fit your situation.
Request an assessment of your employment case — for Den Bosch via Tilburg and Eindhoven.