Legal advice for Expats facing dismissal

Working in the Netherlands as an expat can be rewarding, but dismissal can come as an unpleasant surprise. If your employer wants to terminate your employment contract, it is crucial to understand your rights under Dutch employment law.

Can you prevent dismissal?
Are you entitled to severance pay?
And can you negotiate a better settlement agreement?

An experienced settlement agreement lawyer in the Netherlands can make a significant difference.

Strong protection against dismissal under Dutch employment law

Employees in the Netherlands are generally well protected against dismissal. In most situations, an employer cannot unilaterally terminate an employment contract without approval from either:

• the Dutch court, or
• the UWV (Employee Insurance Agency).

The court handles dismissal cases based on personal grounds, such as alleged underperformance or a disrupted working relationship.

The UWV assesses dismissals for business-economic reasons, including reorganisations and redundancies.

In all cases, employees have the right to defend themselves. The employment lawyers of Ontslagspecialist.nl specialise in assisting expats throughout this process.

Dismissal via a Settlement Agreement (Termination Agreement)

In practice, most employment contracts in the Netherlands are not terminated through court or UWV proceedings. Instead, employers often propose a settlement agreement (also known as a termination agreement).

This is a mutual agreement in which both employer and employee agree on the conditions of dismissal.

What does a Settlement Agreement usually include?

A settlement agreement typically contains the following key elements:

• Termination date
  The official end date of your employment.
• Severance pay (termination compensation)
  The financial compensation paid by the employer in exchange for ending the employment contract by mutual consent.

Additional terms you can negotiate in a Settlement Agreement

Many expats are unaware that a settlement agreement often allows room for negotiation. Important additional terms may include:

• Paid exemption from work
  Continued salary payment while being relieved from work duties, allowing time to find a new job.
• Positive reference letter
  A crucial document that increases your chances of securing new employment in the Netherlands or abroad.
• Outplacement budget
  Funding for professional career guidance or job placement services, paid by the employer.
• Reimbursement of legal costs
  In most cases, employers are willing to cover the costs of legal advice. Our lawyers work within this budget, meaning you usually pay nothing yourself.

Negotiating a better settlement agreement

Employers rarely present their best offer in the first draft settlement agreement. Initial proposals often include:

• a minimal severance payment, and
• unfavourable or unclear conditions.

An experienced employment lawyer for expats in the Netherlands can significantly improve both the financial compensation and the legal terms. In many cases, these negotiations are fully paid for by the employer.

Can dismissal be prevented?

In some situations, dismissal may not be legally justified. We can assess:

• whether the employer has a valid legal ground for dismissal, and
• whether you can successfully challenge the termination.

First legal assessment: free of charge.

Avoid costly mistakes – get professional legal advice

Do not rely on Google searches or AI tools when dealing with dismissal in the Netherlands. Every employment situation is unique, especially for expats.

The lawyers of Ontslagspecialist.nl are fully specialised in Dutch dismissal law. With over 25 years of experience, we have successfully assisted thousands of employees with their settlement agreements.

We aim for the maximum possible result in every case.

First consultation is completely free.

📞 Call +31 (0)20 616 0120
✉️ Or email us with details of your dismissal situation

===================================================

About the author: The above article was written by Edwin van Jaarsveld.

Edwin is a law graduate and has been providing legal assistance with dismissal and settlement agreements for over 25 years. Is dismissal imminent? Contact us immediately at 020 6160 120.

Our lawyers will review your case the same day and explain your options clearly.