Dismissal procedures

If you have a company in the Netherlands and you want to dismiss employees, you must have a good reason for requesting dismissal, such as refusal to perform work, culpable conduct, excessive sickness absence, reorganisation or company closure.

Dismissal permit issued by the Public Employment Service

If you intend to terminate an open-ended contract of employment without the employee’s consent, you can request a dismissal permit from the Public Employment Service (UWV WERKbedrijf). Dismissal permission is not required in a number of cases. This is, for example, the case with regard to educational personnel such as driving instructors.

If the Public Employment Service does not give you permission to dismiss your employee, you can submit a request to the sub-district court (kantonrechter) asking the court to dissolve the contract of employment.

Dismissal granted by the sub-district court

You can only request the sub-district court to dissolve a contract of employment if the contract is for an indefinite period (arbeidsovereenkomst voor onbepaalde tijd). This request must be supported by compelling reasons, such as urgent reasons in the case of summary dismissal or a breach of trust.

Dismissal by mutual consent

If you and your employee agree in mutual consultation to terminate the contract of employment, dismissal by mutual consent is involved. Your employee, therefore, agrees voluntarily to the dismissal. The agreements you make with your employee can be set down in a termination agreement. You do not require the consent of Public Employment Service (UWV WERKbedrijf) and you do not need to have the employment contract be set aside by a sub-district court with regard to dismissal by mutual consent.

Fixed term contract of employment

In the case of a fixed-term contract of employment, you normally have to wait until the contract period has ended. Sometimes a collective labour agreement (CAO) or the employment contract contains rules on dismissal or a redundancy scheme.