When can my employer dismiss me?
- 02/03/2026
- Posted by: Rosalie Derksen
- Category: Uncategorized
Your employer can dismiss you in the Netherlands only on specific legal grounds and by following procedures set out in Dutch employment law. Dismissal requires valid reasons such as economic circumstances, poor performance, misconduct, or long-term illness, and employers must comply with strict procedural requirements, including obtaining approval from the Employee Insurance Agency (UWV) or the courts. Understanding your rights and the dismissal process helps protect you against unfair termination and ensures proper treatment during career transitions.
What are the legal grounds for dismissal in the Netherlands?
Dutch employment law recognises several specific grounds that allow employers to terminate employment contracts. These grounds include economic reasons (redundancy due to business circumstances), poor performance that cannot be improved through guidance, serious misconduct or breach of contract, and long-term illness exceeding two years with unsuccessful reintegration attempts.
Economic dismissal occurs when employers face genuine financial difficulties, restructuring, or technological changes that eliminate positions. Performance-related dismissal requires documented evidence of inadequate work quality and proof that improvement efforts have failed. Misconduct dismissals cover serious violations such as theft, fraud, or persistent breaches of company policy.
Dismissal on the grounds of long-term illness follows strict rules. Employers cannot dismiss sick employees during the first two years of illness and must demonstrate comprehensive reintegration efforts. The illness must genuinely prevent the employee from performing suitable work within the organisation, even with reasonable adjustments.
All dismissal grounds require substantial evidence and justification. Employers cannot dismiss employees for discriminatory reasons, pregnancy, trade union membership, or exercising legal rights. The burden of proof lies with the employer to demonstrate that valid grounds exist.
How does the dismissal process work in Dutch employment law?
The dismissal process in the Netherlands involves mandatory procedures that employers must follow before terminating employment. Most dismissals require prior approval from either the Employee Insurance Agency (UWV) or the district court, depending on the dismissal grounds and circumstances.
For economic dismissals and some performance issues, employers must apply to the UWV for dismissal permission. This process includes:
- Providing detailed justification for the dismissal grounds
- Demonstrating compliance with selection criteria for redundancies
- Showing evidence of consultation with employee representatives
- Proving that redeployment or retraining options have been explored
Court approval is required for dismissals based on seriously disturbed employment relationships, some performance issues, and specific circumstances. The court route typically takes longer but may result in compensation awards if dismissal is deemed unreasonable.
Notice periods vary based on employment duration, ranging from one month for employees with less than five years’ service to four months for those with fifteen years or more. During notice periods, normal employment conditions continue, including salary and benefits.
What protection do employees have against unfair dismissal?
Dutch employment law provides robust protection against unfair dismissal through multiple safeguards and employee rights. The concept of manifestly unreasonable dismissal allows courts to reject termination requests that lack proper justification or violate principles of fairness.
Special protection exists for vulnerable groups, including pregnant employees, those on maternity or parental leave, and employee representatives. These individuals cannot be dismissed except in extraordinary circumstances and only following specific approval procedures.
Employees have the right to:
- Receive written notice of dismissal proceedings
- Respond to dismissal applications and present counter-arguments
- Obtain legal representation during UWV or court procedures
- Appeal dismissal decisions through proper legal channels
- Receive proper notice periods and severance payments where applicable
If dismissal is deemed unfair or procedurally incorrect, remedies include reinstatement, compensation payments, or extended notice periods. Courts can award up to one year’s salary in compensation for manifestly unreasonable dismissals.
The consultation process with works councils or employee representatives provides additional protection, particularly for collective dismissals affecting multiple employees.
When can an employer dismiss someone immediately without notice?
Summary dismissal without notice is only permitted in exceptional circumstances involving urgent reasons that make continuing the employment relationship impossible. These situations require immediate action and cannot wait for standard dismissal procedures.
Urgent reasons for summary dismissal include serious misconduct such as theft, fraud, violence, or gross insubordination. Breach of trust situations, such as sharing confidential information or competing directly with the employer, may also justify immediate termination.
Other circumstances that may warrant summary dismissal include:
- Criminal behaviour affecting the workplace
- Serious safety violations endangering others
- Persistent refusal to follow reasonable instructions
- Harassment or discrimination of colleagues
Employers must act quickly when urgent reasons arise. Delays in taking action may indicate that the situation was not genuinely urgent. The employer must provide written notice stating the specific reasons for immediate dismissal and allow the employee an opportunity to respond.
Courts scrutinise summary dismissals carefully, as they deprive employees of notice periods and standard protections. If the urgent reason is not proven, employees may receive compensation equivalent to their notice period plus additional damages.
What happens if you’re dismissed due to long-term illness or disability?
Dismissal due to long-term illness follows specific rules designed to protect sick employees while recognising legitimate business needs. Employers cannot dismiss employees during the first two years of illness and must demonstrate comprehensive reintegration efforts throughout this period.
During the two-year protection period, employers must actively support employee recovery and return to work. This includes providing modified duties, workplace adjustments, retraining opportunities, and professional reintegration support. The employer bears responsibility for salary continuation and reintegration costs.
After two years, dismissal becomes possible only if:
- Medical evidence confirms the employee cannot perform suitable work
- All reasonable reintegration efforts have been exhausted
- No alternative positions exist within the organisation
- Workplace adjustments cannot enable effective performance
The reintegration process often involves spoor 2 programmes when internal solutions prove insufficient. These programmes focus on finding external employment opportunities while maintaining the employee’s connection to the labour market.
Employees dismissed after long-term illness may qualify for Work and Income (Capacity for Work) Act (WIA) benefits if they retain partial work capacity. The dismissal process must be completed properly to ensure benefit eligibility and avoid complications with social security claims.
How UFIND helps with dismissal and career transition
UFIND provides comprehensive support for employees facing dismissal through specialised outplacement and reintegration services. Our approach combines practical career guidance with psychological support, using proven ACT (Acceptance & Commitment Training) methodology to help individuals navigate career transitions successfully.
Our dismissal and career transition services include:
- Personalised career assessment and skills evaluation
- Strategic job search planning and market positioning
- CV optimisation and interview preparation
- Network development and recruitment connections
- ACT training for psychological flexibility and resilience
- Ongoing coaching throughout the transition process
For employees who cannot return to their current employer, we offer tailored reintegration programmes that maximise opportunities for new employment. Each programme is developed in consultation to address individual circumstances and career goals.
Our experienced team understands both the personal and professional challenges of dismissal. We provide dedicated coaching in which one specialist guides the entire process, ensuring continuity and building trust during this difficult period.
Whether you’re facing dismissal due to restructuring, performance issues, or long-term illness, UFIND’s expertise in career transitions can help you move forward with confidence. Contact us to discuss how our personalised approach can support your career development and help you achieve new professional success.