Unilateral termination of the contract

An employment contract can be terminated in various ways. In case of dismissal, it may concern an employee who personally terminates the contract, but the employer can also terminate the contract. If the employer and the employee agree about the termination of the employment, termination takes place on the basis of mutual consent and a termination agreement will be drawn up.

Dismissal and the Employee Insurance Agency (UWV)

In case of unilateral termination by the employer, attention must be paid to the termination of the contract and the termination proceedings at the Subdistrict court. In most cases, the employer requires permission from the Employee Insurance Agency (UWV) for the dismissal of the employee. An application for a dismissal can be submitted on various grounds, such as long-term incapacity for work, commercial reasons, unsatisfactory performance and a troubled employment relationship. If permission is granted, the applicable notice period must be taken into consideration. For example, an employment contract for a fixed period cannot be terminated in a legally valid manner unless an option for early termination is included in the contract. If the dismissal permit is absent or there is another prohibition against termination of employment (for example during an employee's illness or pregnancy), the termination will be voidable. If the termination is declared void by the court, this is deemed not to have taken place. Therefore the compliance with or non-compliance with legislation and regulations with regard to termination has far-reaching consequences for the employment relationship. The lawyers of AK Advocaten, with their comprehensive experience in the field of the application for a dismissal and other legal aspects of the termination, can advise you and commence with the process with the Employee Insurance Agency.

Termination with immediate effect; instant dismissal

Sometimes the employment can be terminated with immediate effect, for example during a probationary period. A legally valid probationary period clause is required for this. For the clause to be legally valid, it must be recorded in writing, the probationary period must have the same duration for both parties and a statutory maximum period must apply. During the probationary period, both parties can in principle terminate the employment contract with immediate effect and the usual rules of dismissal do not apply. The most drastic measure is instant dismissal. There must be an urgent cause and the dismissal must be given promptly (immediately). Instant dismissal is a drastic measure whereby various risks are involved. AK Advocaten can advise you regarding the feasibility of instant dismissal and the legal proceedings which may possibly follow this.

Termination by the court

The Subdistrict court can terminate the employment contract on the grounds of properly substantiated serious cause. The awarding of severance pay will be discussed in the termination proceedings, whereas this is not the case in dismissal proceedings through the Employee Insurance Agency. Usually the payment is calculated on the basis of the Subdistrict court formula, whereby the duration of the employment, the salary, the age of the employee and any adjustment factor is taken into consideration.

Collective dismissal

Since different requirements are set in case of collective dismissal than from the usual dismissal proceedings, it must be acknowledged in a timely manner that it concerns collective dismissal. Collective dismissal takes place if the employer has the intention of dismissing 20 or more employees for commercial reasons within a period of 3 months and within the same working area. AK Advocaten is specialised in the provision of legal assistance in the context of reorganisation and collective dismissal proceedings. Our advice is to contact us in a timely manner so that we can give you preventative advice at an early stage about the possible manner of termination and the collecting of personnel files. You can thereupon rely on our assistance during the termination processes and the implementation thereof. Please contact us. Employment Law