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Summary dismissal means that your contract is terminated immediately. You will not get any wages and usually no benefits from the UWV Employee Insurance Agency either. You should therefore not sign anything and contact the Legal Aid Counter as soon as possible. They can help you send a letter of protest against the dismissal.
Step 1: Check if summary dismissal is allowed
Summary dismissal means that an employment contract is terminated immediately. This is only allowed in the following 3 situations combined:
- Your employer has an urgent reason to dismiss you. For example, if you steal from your employer, endanger other people, disclose trade secrets or refuse work.
- Your employer informs you of this urgent reason immediately. The period of time between the event and the dismissal should be short.
- Your employer can prove this urgent reason.
Your employer often provides you with a letter stating the summary dismissal. This letter usually states the urgent reason for the dismissal. If you are a temporary agency worker, your contract can sometimes be terminated immediately. This need not be the same as summary dismissal.
Step 2: Do not sign anything
Some employers will ask you to sign a document. Do not sign anything. You should first ask if you can get a copy of the document. You risk forfeiting your rights if you agree to anything. This may affect your entitlement to benefits.
If you have already signed a document, you should contact the Legal Aid Counter as soon as possible.
Step 3: Protest against the dismissal as soon as possible
Let your employer know as soon as possible that you disagree with the summary dismissal. You should therefore contact the Legal Aid Counter immediately, even if you are not sure you want to protest against the dismissal. From the date of the summary dismissal, you will no longer receive any wages. And chances are that you will not get benefits from the UWV. The Legal Help Counter can help you draft a letter and get a lawyer if necessary. It is important that this is done quickly. You have to go to court within 2 months of your dismissal in order to undo it. After that, you will no longer have any legal options to protest against the dismissal.
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In the case of being dismissed, you have a right to a one-off payment from your employer. We refer to such payment as a transition compensation payment. It is paid to you if your employer dismisses you or if your contract is not extended.
In principle, it is not paid out if you resigned yourself, although there are exceptions.
The amount of the transition compensation payment is calculated on the basis of your monthly wage and the time you have been employed.
However, there are exceptions as a result of which you, as an employee, do not have the right to a transition compensation payment. It is typically the case if you were dismissed as you did something prohibited by law.
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In some situations, you can apply for a monthly unemployment benefit from the UWV when you have been dismissed.
This temporary income is called a WW-uitkering. WW stands for ‘Werkloosheidswet’ (Unemployment Insurance Act).
Find out whether you are eligible for this benefit and how to apply for it.
You do have a number of obligations if you receive this benefit. For example, you must remain in the Netherlands, be available for work and actively apply for jobs. If you fail to do so, it can affect (the amount of) your benefit. You are obliged to notify the UWV of your job applications.
If you are dismissed on the spot (if you have done something that is against the law, for example), then you are not entitled to unemployment benefit.
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Are you not allowed to take breaks during work? Or are you not given the correct protective equipment for doing your work safely? In the Netherlands, we have a special organisation that checks whether businesses are keeping to the law, called the Netherlands Labour Authority. To make a report, you can phone the Inspectorate on 0800 – 5151 or give the information online. If you make a report, this can never be a reason for dismissal.
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In the Netherlands, you are obliged to take out health insurance. If your employer has arranged your health insurance, then this insurance will stop if you no longer have work. If you are dismissed and are entitled to unemployment benefit, then you are still entitled to your health insurance and the policy will continue. If you are not entitled to unemployment benefit, make sure you take out temporary health insurance for the period that you have no work.
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If you have a contract for an indefinite period, then your employer must have a valid reason to dismiss you. For example, things may be going very badly for the company and there is no longer any work for you. We call this a ‘bedrijfseconomische reden’ (business economics reason). Another reason may be that you have a long-term illness or you may even be declared unable to work. In that case, your employer asks permission from the administrative authority UWV to end your contract. If your dismissal is not due to a reorganisation or long-term illness, then your employer must request the court to dissolve the contract.
During both procedures (UWV and court), you can declare that you do not agree with your dismissal. You can do so before a definitive decision is taken about your dismissal. When the procedure has been finalised by the UWV, in some cases you can request the court to reinstate the contract. If you do not agree with the court’s decision, you can appeal against it and try to reverse the judgement.
If you do not agree with your dismissal on the spot, then you can request the court to annul the dismissal. You can also request compensation, in addition to compensation for ignoring the term of notice.
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If your employer wants to end a contract for an indefinite period, he must have a valid reason for doing so. He must also tell you this reason. He can request the court to dissolve the contract or ask the UWV for permission to end the contract. If your contract is ended during the trial period, then your employer is obliged to notify you of the reason in writing. But he is only obliged to do so if you request it.
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Your employer cannot stop your work just like that. He must have a valid reason for dismissing you. If your employer thinks you are not doing your work well, he must first discuss with you why he thinks this and what you need to improve. He can do so by talking to you in a ‘functioneringsgesprek’ (performance interview). Afterwards, your employer must help you to do your work better. You should make agreements together about how much time you have to improve your work. If it has not improved after this period, that can be a valid reason for dismissing you. We call this reason ‘disfunctioneren’ (dysfunction). In this case, the contract will be dissolved by the court.
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Your employer cannot end your contract just like that. He must have a valid reason for doing so. For example, there may be big changes within the company that mean your work disappears. We call this a ‘reorganisatie’ (reorganisation). The employer does, however, need permission from the administrative authority UWV if this is the reason for dismissing you. In addition, you can only be dismissed if your employer cannot give you other work in the company. He is obliged to see whether you can be transferred to a different job. You may have to learn additional skills for this new job.
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If you have a contract for an indefinite period (also called a permanent contract), your employer cannot dismiss you just like that. He has to have a good reason for dismissal. In that case, the court can dissolve your contract. Your employer can also end the contract if he has received permission to do so from the administrative authority UWV. If he wants to end your contract, your employer must comply with an ‘opzegtermijn’ (term of notice). This term of notice depends on how long you have been in employment. During your trial period, which is usually 1 or 2 months, your employer can dismiss you without a good reason. Your employer is obliged to notify of you the reason, if you request it.
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If your contract has been ended or dissolved, then you are no longer entitled to wages. Following your dismissal, your employer will draw up a final settlement, which states the amount you are still owed. This may include, for example, payment of wages due, leave you have not yet taken and any holiday allowance, etc.
If your employer dismisses you for a ‘serious reason’, you are dismissed on the spot and your contract ends immediately. The payment of your wages also stops immediately. This may happen if you have deliberately done something that is against the law, for example. In this case, too, your employer draws up a final settlement, in which he calculates what still has to be paid to you.
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No, your employer cannot dismiss you because you are pregnant. Neither can you be dismissed during your maternity leave and during the first 6 weeks of work following your maternity leave. This can only happen in special cases, for example if big changes take place within the company, meaning that your work stops. We call this a ‘reorganisatie’ (reorganisation). However, your pregnancy may never be a reason for dismissing you.
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If you do something serious on the shop floor that is against the law, for example, then your employer can view this as a ‘serious reason’ for dismissing you immediately. This may be theft, if you have stolen something from another person, for example, or if you have hurt someone. If you have been involved in a fight on the shop floor, then your employer does not need permission from the administrative authority UWV. Neither does he need to ask the court to dissolve your contract. He can decide to end your contract with immediate effect. Your work can stop immediately, with no term of notice. If you are dismissed immediately, we call it ‘ontslag op staande voet’ (dismissal on the spot). In that case, you will not be entitled to unemployment benefit.
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In the first two years, your illness cannot be a reason for dismissing you. However, it is not the case that you may never be dismissed in the first two years of an illness. For example, if you are still in your trial period or if your work stops due to your employer becoming bankrupt, then your contract can be ended, even if you are ill.
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If you receive a WW-uitkering (unemployment benefit) and you become ill, then you may be entitled to a Ziektewet-uitkering (sickness benefit) after a certain period. You must first report sick to the UWV, on the second day of your illness at the latest. During the first 13 weeks of your illness, you are still entitled to your unemployment benefit. So the rights and obligations attached to your unemployment benefit (including the obligation to apply for jobs) still apply. If you are still ill after 13 weeks, you are entitled to a ‘Ziektewet-uitkering’ (sickness benefit). From the time you start receiving this benefit, only the ‘Ziektewet’ rules will apply.
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If you have been dismissed and no longer have income, it is important to find a new job as soon as possible. You can do so through the UWV, through the website of the European Union (EURES), or through employment agencies. If you no longer have work in the Netherlands, but are still living here, you can apply for a WW-uitkering (unemployment benefit), for the period that you have no work. You should apply through the Dutch administrative authority, UWV. You will then have a number of obligations. For example, you must remain in the Netherlands, actively apply for jobs and notify the UWV of your job applications.
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In the Netherlands, you are obliged to take out health insurance. If your employer has arranged your health insurance, then this insurance will stop if you no longer have work. If you are dismissed and are entitled to unemployment benefit, then you are still entitled to your health insurance and the policy will continue. If you are not entitled to unemployment benefit, make sure you take out temporary health insurance for the period that you have no work.
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If you want to go abroad for a short period or a longer one, you will usually not be able to keep your unemployment benefit. There is one exception, which is if you are going to another EU country to look for work. A number of rules will apply, however. For example, you must have been available for work in the Netherlands and actively looking for work and applying for jobs for at least 4 weeks. If you have not found work in the Netherlands, before you leave you can request a special form from the UWV: a PD U2 form. You must register with the benefits agency in the country you are going to within 7 days of leaving the Netherlands. The idea is that you keep actively looking for work in that country too. You must follow the rules of the country you have gone to.
It is worth working alongside your unemployment benefit. So it is good if you find work abroad, even for just a few hours a week or for a low salary. You are allowed to keep 30% of your extra income yourself, which is added on to your benefit. So you will gain financially. If you start working alongside receiving benefit from the Netherlands, you must notify the UWV of your income every month
If you are not planning to look for work, but are going abroad for a holiday or to visit family, then different rules apply. In that case, you can request leave from the UWV. Take note that you are only entitled to a limited number of days of leave a year and that you must inform the UWV of your holiday plans before you go.
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If you receive a WW-uitkering (unemployment benefit), it is worth working at the same time, even for just a few hours a week or for a low salary. If the salary of your new job is 87.5% of your unemployment benefit or less, then you will continue to receive supplementary benefit alongside the salary of your new job. So it is attractive to have a job alongside your unemployment benefit. It also increases the chance of you finding a permanent job. You are allowed to keep 30% of your extra income yourself, which is added on to your benefit. So you will gain financially. If you start working alongside receiving benefit, you must notify the UWV of your income every month.
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If you have lost your job, then go the UWV, in person or online. They can help you look for a new job. They also pay out the WW-uitkering (unemployment benefit), for which you receive a monthly amount. It is a temporary income between your dismissal and your new job. Not everyone is entitled to unemployment benefit. There are certain conditions that you must meet. Find out what these conditions are and how to apply for benefit. You also have obligations if you receive unemployment benefit. For example, you must remain in the Netherlands, and actively look for and apply for jobs. You are obliged to notify the UWV of your job applications. If you fail to do so, it can affect (the amount of) your benefit.
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After being dismissed, you are free to work elsewhere. However, your contract may include a ‘concurrentiebeding’ (competition clause). This clause states that when your contract ends or you are dismissed, you are not allowed to do similar work for another company. It is not possible for your employer to include a ‘concurrentiebeding’ in a temporary employment contract, unless he can demonstrate that there are very important business reasons for doing so. In that case, you would have to sign a ‘concurrentiebeding’.
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Summary dismissal means that your contract is terminated immediately. You will not get any wages and usually no benefits from the UWV Employee Insurance Agency either. You should therefore not sign anything and contact the Legal Aid Counter as soon as possible. They can help you send a letter of protest against the dismissal.
Step 1: Check if summary dismissal is allowed
Summary dismissal means that an employment contract is terminated immediately. This is only allowed in the following 3 situations combined:
- Your employer has an urgent reason to dismiss you. For example, if you steal from your employer, endanger other people, disclose trade secrets or refuse work.
- Your employer informs you of this urgent reason immediately. The period of time between the event and the dismissal should be short.
- Your employer can prove this urgent reason.
Your employer often provides you with a letter stating the summary dismissal. This letter usually states the urgent reason for the dismissal. If you are a temporary agency worker, your contract can sometimes be terminated immediately. This need not be the same as summary dismissal.
Step 2: Do not sign anything
Some employers will ask you to sign a document. Do not sign anything. You should first ask if you can get a copy of the document. You risk forfeiting your rights if you agree to anything. This may affect your entitlement to benefits.
If you have already signed a document, you should contact the Legal Aid Counter as soon as possible.
Step 3: Protest against the dismissal as soon as possible
Let your employer know as soon as possible that you disagree with the summary dismissal. You should therefore contact the Legal Aid Counter immediately, even if you are not sure you want to protest against the dismissal. From the date of the summary dismissal, you will no longer receive any wages. And chances are that you will not get benefits from the UWV. The Legal Help Counter can help you draft a letter and get a lawyer if necessary. It is important that this is done quickly. You have to go to court within 2 months of your dismissal in order to undo it. After that, you will no longer have any legal options to protest against the dismissal.
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In the case of being dismissed, you have a right to a one-off payment from your employer. We refer to such payment as a transition compensation payment. It is paid to you if your employer dismisses you or if your contract is not extended.
In principle, it is not paid out if you resigned yourself, although there are exceptions.
The amount of the transition compensation payment is calculated on the basis of your monthly wage and the time you have been employed.
However, there are exceptions as a result of which you, as an employee, do not have the right to a transition compensation payment. It is typically the case if you were dismissed as you did something prohibited by law.
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In some situations, you can apply for a monthly unemployment benefit from the UWV when you have been dismissed.
This temporary income is called a WW-uitkering. WW stands for ‘Werkloosheidswet’ (Unemployment Insurance Act).
Find out whether you are eligible for this benefit and how to apply for it.
You will have a number of obligations if you receive this benefit. For example, you must remain in the Netherlands, be available for work and actively apply for jobs. If you fail to do so, it can affect (the amount of) your benefit. You are obliged to notify the UWV of your job applications.
If you are dismissed on the spot (if you have done something that is against the law, for example), then you are not entitled to unemployment benefit.
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Are not allowed to take breaks during work? Or are you not given the correct protective equipment for doing your work safely? In the Netherlands, we have a special organisation that checks whether businesses are keeping to the law, called the Netherlands Labour Authority. To make a report, you can phone the Inspectorate on 0800 – 5151 or give the information online. If you make a report, this can never be a reason for dismissal.
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Your employer cannot stop your work just like that. He must have a valid reason for dismissing you. If your employer thinks you are not doing your work well, he must first discuss with you why he thinks this and what you need to improve. He can do so by talking to you in a ‘functioneringsgesprek’ (performance interview). Afterwards, your employer must help you to do your work better. You should make agreements together about how much time you have to improve your work. If it has not improved after this period, that can be a valid reason for dismissing you. We call this reason ‘disfunctioneren’ (dysfunction). In this case, the contract will be dissolved by the court.
You may then be eligible for unemployment benefits, provided you meet all the conditions for this. Whether that is the case depends on your specific situation. More information: Unemployment benefit (uwv.nl)
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In the Netherlands, you are obliged to take out health insurance. If your employer has arranged your health insurance, then this insurance will stop if you no longer have work. If you are dismissed and are entitled to unemployment benefit, then you are still entitled to your health insurance and the policy will continue. If you are not entitled to unemployment benefit, make sure you take out temporary health insurance for the period that you have no work.
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If you have reached the end date of your contract for a definite period, then you are no longer entitled to wages from your employer. This also applies if your employer has received permission from the administrative authority UWV to end your contract. Or if the court has dissolved your contract. If your contract has ended in accordance with the agreement made, then your employer will draw up a final settlement, which states the amount you are still owed. This may include, for example, payment of your wages, leave you have not yet taken and any holiday allowance, etc.
If your employer dismisses you for a ‘serious reason’, we call it ‘ontslag op staande voet’ (dismissal on the spot). In that case, your contract ends immediately and the payment of your wages also stops immediately. In this case, too, your employer draws up a final settlement, in which he calculates what still has to be paid to you.
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If you have a contract for a definite period with the possibility for interim termination, then your employer must have a valid reason to dismiss you. For example, things may be going very badly for the company and there is no longer any work for you. We call this a ‘bedrijfseconomische reden’ (business economics reason). Another reason may be that you have a long-term illness or you may even be declared unable to work. In that case, your employer asks permission from the administrative authority UWV to end your contract. If your dismissal is not due to a reorganisation or long-term illness, then your employer must request the court to dissolve the contract.
During both procedures (UWV and court), you can declare that you do not agree with your dismissal. You can do so before a definitive decision is taken about your dismissal. When the procedure has been finalised by the UWV, in some cases you can request the court to reinstate the contract. If you do not agree with the court’s decision, you can appeal against it and try to reverse the judgement.
If you do not agree with your dismissal on the spot, then you can request the court to annul the dismissal. You can also request compensation, in addition to compensation for ignoring the term of notice.
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Your employer is not obliged to tell you why he is not renewing your contract. If your contract is terminated during the trial period, however, then your employer is obliged to notify you of the reason in writing. But he is only obliged to do so if you request it. If you have a contract for a definite period of a maximum of 6 months, then you do not have a trial period.
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Your employer cannot end your contract just like that. He must have a valid reason for doing so. For example, there may be big changes within the company that mean your work disappears. We call this a ‘reorganisatie’ (reorganisation). The employer does, however, need permission from the administrative authority UWV if this is the reason for dismissing you. If you have a contract for a definite period, then it will end automatically on the end date stated in the contract. If your employer wants to end the contract in the interim, he can only do so if that is agreed in your contract. And your employer will also need permission from the administrative authority UWV. In addition, you can only be dismissed if your employer cannot give you other work in the company. He is obliged to see whether you can be transferred to a different job. You may have to learn additional skills for this new job.
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Sometimes, an employer can end a contract in the interim. He can only do so if the contract includes an agreement about this. And the employer also has to have a good reason for dismissal. Only then can the court can dissolve the contract. The employer can also end the contract if he has received permission to do so from the administrative authority UWV. If your contract is drawing to its end and your employer does not want to renew it, he must notify you of this in good time, at least one month before the end of your contract. This is called the ‘aanzegtermijn’ (term of notice). Your employer must notify you in writing.
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No, your employer cannot dismiss you because you are pregnant. Neither can you be dismissed during your maternity leave and during the first 6 weeks of work following your maternity leave. This can only happen in special cases, for example if big changes take place within the company, meaning that your work stops. We call this a ‘reorganisatie’ (reorganisation). If you have a contract for a definite period that ends during your pregnancy, then your employer is not obliged to renew your contract. However, your pregnancy may never be a reason for not renewing the contract.
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If you do something serious on the shop floor that is against the law, for example, then your employer can view this as a ‘serious reason’ for dismissing you immediately. This may be theft, if you have stolen something from another person, for example, or if you have hurt someone. If you have been involved in a fight on the shop floor, then your employer does not need permission from the administrative authority UWV. Neither does he need to ask the court to dissolve your contract. He can decide to end your contract with immediate effect. Your work can stop immediately, with no term of notice. If you are dismissed immediately, we call it ‘ontslag op staande voet’ (dismissal on the spot). In that case, you will not be entitled to unemployment benefit.
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In the first two years, your illness cannot be a reason for dismissing you. However, it is not the case that you may never be dismissed in the first two years of an illness. For example, if you are still in your trial period or if your work stops due to your employer becoming bankrupt, then your contract can be ended, even if you are ill.
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Do you have a contract with a temporary employment agency clause? It means that your contract terminates if the company where you are working (the hirer) has indicated that the work is ending. If your contract terminates, your employer notifies the UWV benefits agency of your illness. Via het UWV Via the UWV, you can get a sickness benefit. In addition, you make arrangements with the UWV, such as what you need to be able to start work again.
If one of the collective labour agreements (cao) for temporary employment applies to you, your contract may not be terminated if you are ill. Your contract continues during illness; after 1 or 2 waiting days, you have the right to continued payment of wages by the temporary employment agency. Are you ill for a longer time and your contract expires during your illness? It means that once the contract terminates, there is an entitlement to Sickness Benefit. Whether your contract may be terminated, is dependent on the question whether the temporary employment agency falls under the scope of the collective labour agreement. If you do not know, check your contract, or make enquiries at one of the organizations where you can get help, such as the Foundation for Compliance with the Collective Agreements (Stichting Naleving CAO voor Uizendkrachten or SNCU) or the Legal Aid and Advice Centre (Juridisch Loket).
Does your contract not have a temporary employment agency clause? In such event, your employer may not terminate your contract if you are ill. The temporary employment agency continues at any rate to pay your wages during your illness. Are you ill for a longer time and your contract expires during illness? It means that once the contract terminates, there may be a right to Sickness Benefit.
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As a temporary worker, you have a special temporary agency contract with a temporary employment agency. The agency supplies you as a worker to another company. Such a company is referred to as the ‘hirer’. You mostly get a contract in stages. The rights you have are dependent on the stage you are at.
The first stage in a temporary agency contract is stage A, or stage 1 and 2. The temporary agency employment clause applies often at this stage. The aforesaid has been agreed in the collective labour agreement (collectieve arbeidsovereenkomst or cao – i.e., agreements which have been concluded between employers and employees). If the temporary employment agency clause applies, your work automatically stops once the works ends. If you have been supplied as a worker for more than 26 weeks to another company, the temporary employment agency must warn you 10 days prior to your work activities coming to an end.
There is one exception. If one of the collective labour agreements for temporary employment applies to you, your contract may not be terminated if you are ill. Your contract continues during illness; after 1 or 2 waiting days, you are entitled to continued payment of wages by the temporary employment agency. Are you ill for a longer time and your contract expires during your illness? It means that once the contract terminates, there is a right to Sickness Benefit. Whether your contract may be terminated, is dependent on the question whether the temporary employment agency falls under the scope of the collective labour agreement. If you do not know, check your contract, or make enquiries at one of the organizations where you can get help, such as the Foundation for Compliance with the Collective Agreements (Stichting Naleving CAO voor Uizendkrachten or SNCU) or the Legal Aid and Advice Centre (Juridisch Loket).
Do you have a contract for a short term or a fixed term? If you have a contract without a temporary employment agency clause, your contract does not terminate once there is no more work. A short-term contract terminates on the end date that has been agreed upon. It can only be cancelled in the meantime if you have agreed to do so in writing. In such event, the temporary employment agency can terminate your contract from the following day. However, certain rules do apply, such as the temporary work agency must keep to the period of notice. In addition, they must have a valid reason for dismissal. The employer moreover needs the permission from the benefits agency – the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen or UWV). The court may also dissolve a contract.
Want to know more? Feel free to contact SNCU-helpdesk:
Telephone:
- 0800-7008 (free)
- 0031 85210 40 80 (international)
E-mail: helpdesk@sncu.nl
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In the case of being dismissed, you have a right to a one-off payment from your employer. We refer to such payment as a transition compensation payment. It is paid to you if your employer dismisses you or if your contract is not extended.
In principle, it is not paid out if you resigned yourself, although there are exceptions.
The amount of the transition compensation payment is calculated on the basis of your monthly wage and the time you have been employed.
However, there are exceptions as a result of which you, as an employee, do not have the right to a transition compensation payment. It is typically the case if you were dismissed as you did something prohibited by law.
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This depends on your agreements with the employment agency about the accommodation you are living in. Therefore, talk about it with the employment agency and/or the landlord of the location. Employers are requested to let employees from abroad continue to live in their accommodation if possible.
Please note! If you work as a temporary worker, at the end of your temporary work agreement, you have a time limit of 4 weeks to leave the housing accommodation you rent from your employer. As a temporary worker, you pay a rental which you should have paid as a maximum during the course of your employment.
Please note! If you work as a temporary worker, at the end of your temporary work agreement, you have a time limit of 4 weeks to leave the housing accommodation you rent from your employer. As a temporary worker, you pay a rental which you should have paid as a maximum during the course of your employment.
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In some situations, you can apply for a monthly unemployment benefit from the UWV when you have been dismissed.
This temporary income is called a WW-uitkering. WW stands for ‘Werkloosheidswet’ (Unemployment Insurance Act).
Find out whether you are eligible for this benefit and how to apply for it.
You will have a number of obligations if you receive this benefit. For example, you must remain in the Netherlands, be available for work and actively apply for jobs. If you fail to do so, it can affect (the amount of) your benefit. You are obliged to notify the UWV of your job applications.
If you are dismissed on the spot (if you have done something that is against the law, for example), then you are not entitled to unemployment benefit.
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If you do something serious on the workplace that is against the law, for example, then your employer can view this as a ‘serious reason’ for dismissing you immediately.
This may be theft, if you have stolen something from another person, for example, or if you have hurt someone. If you have been involved in a fight on the workplace, then your employer does not need permission from the administrative authority UWV. Neither does he need to ask the court to dissolve your contract. He can decide to end your contract with immediate effect. Your work can stop immediately, with no term of notice.
If you are dismissed immediately, we call it ‘ontslag op staande voet’ (dismissal on the spot). In that case, you will not be entitled to unemployment benefit.
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Are you not allowed to take breaks during work? Or are you not given the correct protective equipment for doing your work safely? In the Netherlands, we have a special organisation that checks whether businesses are keeping to the law, called the Netherlands Labour Authority. To make a report, you can phone the Inspectorate on 0800 – 5151 or give the information online. If you make a report, this can never be a reason for dismissal.
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In the Netherlands, everyone must be able to work healthily and safely. Talk to your manager if you think that you are not working healthily and safely. He must find a solution for it. This cannot be a reason for dismissal. If you are asked to continue working, you can report it to a special organisation, the Netherlands Labour Authority. The Netherlands Labour Authority checks whether businesses keep to the law. To make a report, you can phone the Inspectorate on 0800 – 5151 or give the information online.
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In the Netherlands, you are obliged to take out health insurance. If your employer has arranged your health insurance, then this insurance will stop if you no longer have work. If you are dismissed and are entitled to unemployment benefit, then you are still entitled to your health insurance and the policy will continue. If you are not entitled to unemployment benefit, make sure you take out temporary health insurance for the period that you have no work.
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That is not arranged by law. Therefore, your employer is not obliged to tell you why he is not renewing your contract. If your contract is terminated during the trial period, however, then your employer is obliged to notify you of the reason in writing. But he is only obliged to do so if you request it.
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Your employer cannot stop your work just like that. He must have a valid reason for dismissing you. If your employer thinks you are not doing your work well, he must first discuss with you why he thinks this and what you need to improve. He can do so by talking to you in a ‘functioneringsgesprek’ (performance interview). Afterwards, your employer must help you to do your work better. You should make agreements together about how much time you have to improve your work. If it has not improved after this period, that can be a valid reason for dismissing you. We call this reason ‘disfunctioneren’ (dysfunction). In this case, the contract will be dissolved by the court.
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No, your employer cannot dismiss you because you are pregnant. Neither can you be dismissed during your maternity leave and during the first 6 weeks of work following your maternity leave. If your work stops while you are pregnant and your contract contains a temporary employment clause, then in that case your contract will also end. If there is no temporary employment clause, your contract will not end, but you will no longer receive wages through the employment agency. From the time your contract ends, your maternity leave and maternity benefit will be handled by the administrative authority UWV.