Opzegverbod
Prohibition on termination
A prohibition on dismissal is a statutory provision that prohibits an employer from terminating an employment contract during certain protected periods.
The prohibition against dismissal protects employees from termination in vulnerable situations, such as illness, pregnancy or leave. This prohibition derives from the Civil Code and prevents employers from abusing their authority to terminate the employment relationship.
In practice, the prohibition applies inter alia during the first two years of illness and during pregnancy and maternity leave. A breach may result in the annulment of the termination or an award of damages.
The prohibition is relevant in dismissal proceedings before the UWV or the subdistrict court, where the employer must demonstrate that the prohibition does not apply.
“Due to the prohibition on termination during her maternity leave, the employer was unable to terminate the employment contract.”
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