Expats working in the Netherlands often wonder how well they are protected against dismissal. The rules in the Netherlands are strict and employees – including expats – cannot be dismissed easily. Still, employers sometimes try to take advantage of the fact that expats are less familiar with Dutch law.

At Arslan Lawyers we have extensive experience with the dismissal cases of expats and ensure that their rights are protected.

Dismissal of expats: the basic rules

For expats, the same dismissal rules apply in principle as for Dutch employees. An employer can only terminate an employment contract if there is a legal basis for it.

The main dismissal routes are:

1. UWV procedure

   • When dismissed for economic reasons.

   • When dismissed after 2 years of illness.

2. Subdistrict Court

   • In case of dismissal due to poor performance, a disturbed working relationship or serious culpable conduct.

3. Termination by mutual consent

   • Through a settlement agreement (VSO).

Extra vulnerability of expats

Expats often have a temporary residence permit linked to their job. Dismissal can therefore have far-reaching consequences, such as loss of residence status or return to the home country.

Employers and expats must take this into account when negotiating termination.

Examples from practice

• Example 1: An expat from India was dismissed due to restructuring. His employer offered a too low compensation. Through negotiations with Arslan Lawyers, he not only received a severance payment, but also an additional compensation for employers’s negligent behavior.

• Example 2: An expat from the USA was offered a VSO without cooling-off period. We ensured that the employee availed the statutory 14 days cooling off period and thus, could enforce better conditions afterwards.

• Example 3: An expat from Brazil was dismissed after 1.5 years of service due to dysfunction. Because the employer had insufficient file build-up, the subdistrict court rejected the dismissal request and the expat continued to serve.

Severance pay for expats

Expats are entitled to the same transit compensation as other employees. Additionally, the judge can award a fair compensation if the employer acted seriously culpable.

Dismissal checklist for expats

• 📄 Check if the employer has a valid reason for dismissal.

• 📝 Read the VSO carefully and do not sign immediately.

• 📊 Check if you are entitled to a transit compensation.

• 🕑 Remember, you have 14 days to think over a VSO.

• ⚖️ Always enlist a lawyer to check the conditions.

Why Arslan Lawyers?

• Years of experience with expats’ dismissal cases

• Expert in both labor law and immigration law

• Support in negotiations and procedures

• Personal and practical advice in clear language

FAQ about expat dismissal protection

1. As an expat, do I have the same job protection as Dutch employees?
Yes, the law makes no distinction between expats and other employees.

2. Can my employer end my residence permit?
No, only the IND decides on residence permits. However, dismissal can have consequences for your residence status.

3. What is a transition payment?
It is the legal compensation that you receive at dismissal, even with temporary contracts.

4. Can I sign a settlement agreement immediately?
No, always take your time and have it legally checked.

5. Does engaging Arslan Lawyers cost money?
No, the employer often recovers the costs or we recover them fully.