Expats who work in the Netherlands often wonder how well they are protected against dismissal. The rules in the Netherlands are strict, and employees – including expats – cannot simply be dismissed. Still, employers sometimes try to take advantage of the fact that expats are less familiar with Dutch law.
At Arslan Advocaten we have extensive experience with expat dismissal cases and ensure that their rights are protected.
Dismissal of expats: the basic rules
For expats, in principle, the same dismissal rules as for Dutch employees. An employer can terminate an employment contract only if there is a legal ground for it.
The main dismissal routes are:
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UWV procedure
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In case of dismissal for business economic reasons.
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In case of dismissal after 2 years of illness.
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Subdistrict Court
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In case of dismissal due to underperformance, disrupted employment relationship or gross misconduct.
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Termination by mutual consent
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Via a settlement agreement (VSO).
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Heightened vulnerability of expats
Expats often have a temporary residence permit that is linked to their job. Termination can therefore have particularly far-reaching consequences, such as loss of residence status or having to return to the home country.
Employers and expats should take this into account when negotiating a termination.
Practical examples
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Example 1: An expat from India was dismissed due to restructuring. His employer offered compensation that was too low. Through negotiations with Arslan Advocaten he not only received the transition payment, but also additional compensation due to the employer’s negligent conduct.
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Example 2: An expat from the US was offered a settlement agreement without a cooling-off period. We ensured that the employee made use of the statutory 14-day cooling-off period and was then able to secure better terms.
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Example 3: An expat from Brazil was dismissed for underperformance after 1.5 years of employment. Because the employer had insufficient documentation, the subdistrict court judge rejected the dismissal request and the expat remained employed.
Severance pay for expats
Expats are entitled to the same transition payment as other employees. In addition, the court may award a fair compensation if the employer has acted in a seriously culpable manner.
Checklist for expats upon dismissal
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📄 Check whether the employer has a valid ground for dismissal has.
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📝 Read the VSO carefully and do not sign immediately.
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📊 Check whether you are entitled to a severance payment.
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🕑 Remember that you 14-day cooling-off period have with a VSO.
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⚖️ Always consult a lawyer to review the terms.
Why Arslan Advocaten?
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Many years of experience with expat dismissal cases
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Expert in both employment law and immigration law
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Support in negotiations and proceedings
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Personal and practical advice in clear language
FAQ about dismissal protection for expats
1. As an expat, do I have the same dismissal protection as Dutch employees?
Yes, the law makes no distinction between expats and other employees.
2. Can my employer terminate my residence permit?
No, only the IND decides on residence permits. Dismissal can have consequences for your residence status.
3. What is a transition allowance?
That is the statutory compensation you receive upon dismissal, including for temporary contracts.
4. May I sign a settlement agreement immediately?
No, always take time to consider and have it legally reviewed.
5. Does hiring Arslan Advocaten cost money?
No, often the employer recovers the costs or they are fully recovered by us.
