Ontslag

Dismissal refers to the formal termination of an employment contract in the Netherlands. This may occur by notice of termination, dissolution by the court, mutual consent or summary dismissal. The law imposes strict requirements on the grounds and procedure in order to prevent arbitrary action.

The significance of dismissal lies in the protection it affords the employee against unlawful termination and the obligations it imposes on the employer, such as the payment of a transition payment. Where there is no valid ground or proper procedure, a dismissal may be annulled or give rise to a claim for damages.

In practice, dismissal arises in the context of reorganisations, underperformance or economic circumstances. Employers frequently instruct legal counsel to ensure that procedures before the UWV or the subdistrict court are conducted correctly.