Under Dutch law, dismissal is not straightforward. Your employer must demonstrate that the conflict cannot be resolved.
The fear of losing your job is common during workplace conflicts. However, it's important to understand that dismissal in the Netherlands works differently than in many other countries - employers cannot simply terminate your contract.
An employment conflict should be addressed as quickly as possible. Occupational physicians (bedrijfsartsen) often recommend workplace mediation as a first step.
If the conflict does lead to dismissal proceedings, your employer must demonstrate that the situation is irreparable and that they have made genuine efforts to resolve it - including offering mediation, considering alternative positions, and documenting the process.
Upon dismissal, a statutory or contractual notice period (opzegtermijn) applies. The length depends on your duration of employment and agreements in your contract or collective labor agreement (CAO). If your employer doesn't comply, you may be entitled to compensation.
Dismissal should generally be recorded in writing, clearly stating the reason and effective date. Court-ordered dismissals follow from the court's ruling.
An employer cannot substantiate your dismissal if there is no objective data supporting this decision, such as performance review reports.
In the Netherlands, employers who want to dismiss an employee typically need permission from the court (kantonrechter) or the UWV (Dutch Employee Insurance Agency). Without sufficient substantiation, such requests are often rejected.
If there is still a realistic possibility of resolving the conflict, or if your employer hasn't made sufficient effort to do so, there is a reasonable chance the court will reject the dismissal request.
Dutch courts regularly reject dismissal requests when employers cannot demonstrate they made genuine efforts to resolve the conflict through mediation, reassignment, or other measures.
This doesn't mean your position is comfortable - ongoing conflict is stressful for everyone. By demonstrating good employee conduct (goed werknemerschap) and remaining open to dialogue, you strengthen your legal position and maintain the best chance of a sustainable outcome.
Many employees assume that in a conflict with their employer, they will inevitably lose. However, Dutch employment law provides significant protection that may not exist in your home country.
The dismissal prohibition (opzegverbod) provides extra protection for certain groups of employees. During these protected periods, your employer generally cannot terminate your contract - though some exceptions exist (such as company closure or mutual agreement).
These protections are established in the Dutch Civil Code (Burgerlijk Wetboek) and related legislation.
The dismissal prohibition applies in various situations, including:
When workplace mediation doesn't restore the working relationship, termination by mutual consent (beëindiging met wederzijds goedvinden) may be the outcome. This is different from dismissal - it's a negotiated agreement where both parties agree to end the employment.
This route is often faster and less adversarial than court proceedings, but it's crucial to understand what you're agreeing to.
With termination by mutual consent, a settlement agreement (vaststellingsovereenkomst) is drawn up. Always have this checked by a legal professional - it affects your severance pay, unemployment benefits (WW-uitkering), and other rights.
Does an employment conflict not seem to be heading directly toward dismissal? Many employees still worry about their income due to the rule 'no work delivered, no wages'.
In case of illness, you generally retain the right to continued wage payment. The occupational physician advises on your incapacity for work and reintegration options.
With situational incapacity (situatieve arbeidsongeschiktheid), there is no medical illness and no automatic right to wages. However, Dutch case law has established that continued payment may be required depending on circumstances - particularly if the employer contributed to the situation.
At LegalBacking, we stand 100% on the side of the employee. We guide you through employment conflicts and help you protect your rights.
Get in touch