A dismissal permit through the UWV is required in the following situations:

• Business economic dismissal
  For example, in the case of reorganization, downsizing or poor financial situation of the company.

• Dismissal due to long-term incapacity for work
  If an employee has been sick for more than 2 years and recovery in the near term is not expected.

For other grounds for dismissal (such as poor performance, disrupted employment relationship or culpable conduct) the employer must go to the district court.

How does the UWV procedure proceed?

1. Submission of the dismissal request
   The employer submits an online request to the UWV, including all necessary supporting documents.

2. Defense by the employee
   The UWV gives the employee the opportunity to defend within a certain period.

3. Assessment by the UWV
   The UWV assesses whether the conditions for dismissal have been met.

4. UWV decision
   The UWV grants or refuses the dismissal permit.

5. Termination of employment contract
   With permission from the UWV, the employer can terminate the employment contract, taking into account the notice period.

Examples from practice

• Example 1: An employer wanted to dismiss five employees due to a decrease in sales. The UWV tested whether the business economic necessity was adequately substantiated and whether the reflection principle was correctly applied. Eventually, the dismissal permit for three employees was granted and for two it was refused.

• Example 2: An employee had been ill for more than two years. The employer asked the UWV for a dismissal permit. As there appeared to be no suitable work anymore within the company, the request was granted.

• Example 3: An employer applied for dismissal for business economic reasons, but could not substantiate the financial necessity. The UWV refused the permit and the employee remained in service.

Checklist for employers

• 📂 Gather financial documents or reorganization plans (in case of business economic dismissal).

• 📊 Correctly apply the principle of reflection.

• 🩺 Check in case of illness whether the employee is actually incapacitated for more than 2 years.

• 📝 Add all relevant supporting documents to the request.

• ⚖️ Consult legal advice in time to avoid mistakes.

Checklist for employees

• 📄 Read the dismissal request carefully.

• 🗣️ Submit a defense to the UWV on time.

• 📊 Check whether the principle of reflection has been applied correctly.

• 💼 Check whether there is suitable work for you within the company.

• ☎️ Get help from a labour law lawyer to strengthen your position.

Why Arslan Lawyers?

• Experienced labour law lawyers who assist both employers and employees.

• Expert in UWV procedures and labour disputes.

• Practical and result-oriented advice.

• If necessary, proceed directly to the district court.

FAQ about UWV dismissal permit

1. How long does a UWV procedure take?
On average 4 to 8 weeks, depending on the complexity and the speed of the parties.

2. Can I appeal against the decision of the UWV?
No, there is no objection or appeal possible. You can, however, go to the district court.

3. Does the employee have the right to a transition payment?
Yes, also in case of dismissal via the UWV, the employee is entitled to a transition payment.

4. What if the UWV refuses the dismissal permit?
Then the employer can go to the district court to ask for termination.

5. Can an employee still contest dismissal after UWV approval?
Yes, the employee can go to the district court to have the termination annulled or to claim a fair compensation.