Dismissal and unemployment benefits in the Netherlands
You are confronted with dismissal in the Netherlands. Are you entitled to unemployment benefit? Read more or ask free 1st advice.
Right to unemployment benefit upon dismissal
Is there a right to unemployment benefits upon dismissal? In order to claim unemployment benefit, the employee must have worked for a certain period. An employee who has worked for at least 26 weeks of the last 36 weeks before unemployment will receive a benefit of a maximum of 3 months. The amount of the unemployment benefit is 75% of the gross salary in the first 2 months, and 70% of the gross salary in the third and subsequent months. If, in addition to the aforementioned weeks requirement, the employee also meets the criterion that he has worked or received wages on at least 4 of the 5 calendar years prior to the year of unemployment, the benefit period will be extended. The extension is 1 month per additional year of employment. So those who meet the aforementioned criterion of 4 out of 5 will receive 4 months of unemployment benefit, for 5 out of 5 this is 5 months, for 6 out of 6 this is 6 months, etc. For those who have a longer employment history, calculated from the age of 18 years up to and including 1998, a so-called fictitious employment history. It is irrelevant for this purpose whether or not work has been carried out during that entire employment history. It is conveniently assumed that this is the case. The amount of this extended unemployment benefit is 70% of the gross salary. The maximum duration of the benefit is 38 months.
Please note: there is a maximum amount of the unemployment benefit. As of 1 July 2015, the maximum daily wage on which the WW is calculated is € 199.95. This amounts to a gross monthly salary of approximately € 5,219. If you earn more, you will not receive unemployment benefits on the excess.
No unemployment benefit in case of culpable dismissal
To be entitled to unemployment benefits upon dismissal, an employee must meet a number of requirements. If the employee meets the aforementioned weeks requirement and/or years requirement, he is in principle entitled to a benefit, unless the unemployment is attributable to him. So there must be non-culpable unemployment. The law explicitly states when this is or is not the case. If the employee resigns himself, the unemployment is culpable. This means that the employee in question will not receive unemployment benefits upon dismissal. Even if the employment contract ends by mutual consent at the request of the employee, the employee is culpably unemployed. If the employee has been summarily dismissed by the employer because there was an urgent reason for dismissal, the employee is also culpably unemployed with no unemployment benefit upon dismissal as a sanction.
In the following cases, on the other hand, the employee is not culpably unemployed upon dismissal and is in principle entitled to unemployment benefit upon dismissal. Failure to put up a defense against, or the employee agreeing to the termination of employment by or at the request of the employer, does not constitute culpable unemployment. So dismissal with unemployment benefits.
In practice, this means that the employee is in principle entitled to unemployment benefit in the event of dismissal, even if he does not put up a defense against a dismissal permit applied for by the employer at the UWV Werkbedrijf. Dismissal with unemployment benefit also applies if the employer and employee decide in mutual consultation to separate and draw up a termination agreement (often referred to as a settlement agreement) for this purpose. It is important that the termination agreement expressly shows that the initiative for termination lies with the employer.
It is therefore necessary for the employee to obtain legal advice in the event of dismissal before signing a termination agreement submitted by the employer. If the termination agreement does not contain the correct text, things can still go wrong with regard to the unemployment benefit upon dismissal. In many cases it is also possible to arrange a severance payment (golden handshake), for which professional legal assistance is also advisable.
Sample letter of protest against dismissal
Have you been given notice of dismissal? Then protest against the dismissal as soon as possible and make yourself available to do your job. This strengthens your legal position! Order our sample letter of protest against dismissal. The letter comes in an easily editable file so you can tailor it to your situation. You can order the sample letter by e-mailing us.
Help by your dismissal
Our dismissal lawyers can of course assist you with dismissal and unemployment benefits. You can contact us in advance by telephone to discuss your case.
Call: 0900 – 123 73 24 or email us if you have a question about dismissal and unemployment benefit and dismissal unemployment benefit. First advice is FREE.
