First get clear what has happened legally

An employer may use different words for the end of an employment relationship: dismissal, end of assignment, suspension, release from duties or non-renewal. These terms do not mean the same thing. A message that you should stay at home for the time being does not, for example, end your employment contract by itself. It can also make a difference whether your employer has permission from the UWV, has a court decision or is merely making you a proposal.

So bring the exact messages and documents. A summary such as ‘I have been dismissed’ is a good start to the conversation, but is not enough for the legal assessment. We want to know exactly what was communicated, when that happened and how you responded. If you have already signed something, we also need the full text of that document.

We then decide which questions take priority. Sometimes the most important thing is that your wages are paid again. In another situation, a limitation period must first be safeguarded or an offered agreement assessed. On the national employment law page you will find the topics we help with.

Summary dismissal: the reason, the timing and your response

In a summary dismissal an employer claims that continuation of the employment contract cannot reasonably be expected. The assessment takes into account, among other things, the urgent reason stated, whether the employer acted promptly and how that reason was communicated. The fact that an employer considers an incident serious does not automatically make the dismissal legally valid. The factual basis and the circumstances must be examined.

Draw up a timeline as soon as possible. When did the incident take place? When did the employer hear about it? Who spoke to you and what was said then? Keep the dismissal letter and earlier warnings, but also messages that shed a different light on the events. Do not delete any correspondence and do not alter documents afterwards. During the assessment, indicate what you know for certain and what you are unsure about.

We then discuss the aim of any proceedings. This may be challenging the dismissal and wage claims, or another legal objective that suits your situation. Not every combination of requests is without consequences. The route must match what you want to achieve and what the law allows. The Dutch government’s explanation of summary dismissal provides general background.

Fictitious example: objection raised, but no proceedings yet

An employee protests against a dismissal by e-mail and then receives a proposal to agree on compensation after all. The negotiations continue. That does not automatically prevent the time limit for an application to the court from expiring. A separate decision must be made on whether and when proceedings are needed. This example is fictitious and only illustrates why negotiating and monitoring time limits are two different tasks.

Wage arrears, hours and the final settlement

A wage dispute can concern a salary that has not been paid at all, but also less visible differences. Think of hours not processed, a disputed allowance, a deduction or a final settlement after leaving. For a useful assessment, we need to know for each item what you are claiming and on what basis. A contract, a provision in a collective labour agreement, a payslip and a work schedule can each serve a different purpose.

We can help to organise the claims and address the employer in a targeted way. In doing so, a distinction is made between the wages themselves, any interest and a possible statutory increase for late payment. The statutory increase is not a fixed surcharge in every case: it is subject to conditions, a maximum and the possibility of reduction by the court.

If the wage arrears affect your daily life, discuss the urgency. Interim relief proceedings may be appropriate in certain circumstances, but require an assessment of both the claim and the urgent interest. Read more about our help with wage claims and the procedure for wage arrears.

Assessing a severance arrangement without needlessly giving up rights

In a settlement agreement the parties agree on how and when the employment contract ends. We do not only assess any compensation. The notice period, payment of wages up to the end date, holiday days, release from duties, legal costs and restrictions after leaving also deserve attention. A clause on final discharge may mean that you can no longer come back later to claims that were not discussed.

During the assessment, tell us whether you are ill, have found a new job or have a temporary contract. Those circumstances can affect the arrangements and the income risks. An agreement that looks neat on paper may still be unfavourable in your personal situation. The consequences for a benefit must be looked at separately; ‘unemployment-benefit proof’ is not a guarantee that an employer or lawyer can give on behalf of the UWV.

On termination by mutual consent, a statutory transition payment is not automatically due. Compensation can, however, be agreed. A statutory cooling-off period also normally applies to a written termination agreement, the length of which depends partly on the information the employer provides in writing. Consult the UWV information on termination and arrangements with employees and have any reliance on the cooling-off period assessed immediately.

Illness: keep pay, reintegration and medical assessment apart

In the case of illness, legal and medical questions often run side by side. The company doctor assesses your capacity to work; in addition, employer and employee may disagree about suitable work, availability, arrangements or payment of wages. A difference of opinion cannot always be resolved with one extra doctor’s statement. First it must be clear what exactly the parties disagree about.

Has a wage stop or wage suspension been announced? Then also provide the underlying correspondence, instructions, warnings and relevant reintegration advice. The difference between those measures is important for the assessment and an appropriate response. Remain reachable in the meantime and discuss which obligations continue to apply. An employment dispute does not make reintegration arrangements superfluous by itself.

If you doubt the company doctor’s advice, a second opinion may play a role. In certain disputes about reintegration, an expert opinion from the UWV may be more appropriate. Those instruments do not serve the same purpose. Read more about dismissal and illness and about the UWV expert opinion. Discuss in advance which question needs to be answered.

Temporary contract, agency work or a side job

A temporary or flexible contract also gives rights. It is just not wise to draw a conclusion from the name of the contract alone. With agency work, the employment agency, the client, the collective labour agreement and the contractual phase may be relevant. With an on-call contract, actual hours, cancelled calls and the offer of fixed working hours may become relevant.

Bring all contracts and extensions, even if you think older agreements no longer matter. Note any interruptions and the names of the employers. In a dispute about a permanent contract or structural hours, it is precisely the course of events over a longer period that can be important. A recent contract does not always give the full picture.

The same practical starting point applies to students and people with a side job: keep agreements and payslips. The size of your job does not mean that a wage problem is unimportant. On our page about the rights of agency workers you will find further explanation of that specific employment relationship.

From file to a suitable approach

After the initial inventory, we determine which information is missing and which legal point can make the difference. That can be a date, but also a provision in a collective labour agreement, a missing payslip or an unclear passage in a termination agreement. We discuss what can be concluded on the basis of the available documents and what has not yet been established.

We then choose an approach. A well-reasoned letter can define the scope of the dispute. Negotiation can offer room to settle several issues at the same time. When proceedings are necessary or desirable, we discuss the possible outcomes, the evidence and the cost risks. Proceedings are not an end in themselves; the chosen route must suit your interests.

Not every employment case has to start with the same body. Some dismissal routes go through the UWV, others through the subdistrict court. The competent court must also be determined for each situation. The Dutch judiciary’s information on dismissal explains these differences. The fact that you live in The Hague is not the only decisive factor for every dispute.

Costs and options for reimbursement

You do not pay for the first consultation. For further work, we agree in advance which assignment will be carried out and which costs are involved. We distinguish between lawyer’s fees, any external costs and the cost risks of proceedings. We cannot promise that all assistance is free on the basis of the word ‘dismissal’ alone.

Legal expenses insurance may be relevant, but cover and arrangements for external assistance must be checked. An employer may be willing to reimburse legal costs as part of a severance arrangement; this must be expressly recorded. Subsidised legal aid depends, among other things, on your income, assets and the importance of the case. The Legal Aid Board decides, and a personal contribution may apply. See the explanation of what you pay yourself.

Appointment in The Hague: choose the right location

For the head office, use Paletplein 80, 2526 GZ Den Haag. The location at Goeverneurlaan 445, 2523 CB Den Haag is available by appointment only. Call 070 450 0300 and check in the appointment confirmation at which address you are expected. Do not simply send urgent documents to an address without having it confirmed who will review them.

Within our firm, support is available in Dutch, Turkish, Polish and English. State your preference so that the necessary language support can be taken into account when scheduling. You will find more practical information on our The Hague office page. You can also view the profile of employment lawyer Onur Arslan.

Frequently asked questions about employment law in The Hague