Dismissal Lawyer
Netherlands
Last updated: 14 August 2026 by Michelle Marjanovic, Employment Lawyer, Law & More
Quick Answer: In the Netherlands, an employer cannot dismiss an employee simply by giving notice. Dismissal requires either permission from the UWV (for business-economic reasons or long-term illness), a ruling from the subdistrict court (kantonrechter) for reasons such as underperformance or a disturbed working relationship, instant dismissal for an urgent cause, or mutual consent recorded in a settlement agreement. In most cases the employee is also entitled to a statutory transition payment. Law & More’s employment lawyers advise both employees and employers on dismissal procedures throughout the Netherlands.
Dutch Dismissal Law: The Basics
Dutch employment law offers employees strong protection against dismissal. Under Article 7:669 of the Dutch Civil Code, an employer needs a valid, legally recognised ground (redelijke grond) before an employment contract can be terminated, such as business-economic reasons, long-term incapacity for work, frequent absence with unacceptable consequences, unsuitability for the role, culpable conduct, a disturbed working relationship, or a combination of these grounds (the so-called cumulation ground). Simply giving notice, as is common in some other countries, is not sufficient under Dutch law. Depending on the ground relied on, the employer must follow a specific route: permission from the UWV, a court procedure, or mutual agreement.
The Routes to Dismissal in the Netherlands
- UWV route: used for dismissal due to business-economic reasons (reorganisation, redundancy) or after two years of continuous illness. The employer requests permission from the Employee Insurance Agency (UWV) before giving notice; this procedure typically takes around four to eight weeks.
- Subdistrict court (kantonrechter) route: used for reasons such as underperformance, a disturbed working relationship, frequent absence with unacceptable consequences, or culpable conduct. The employer asks the court to dissolve the employment contract, which usually takes eight to thirteen weeks.
- Instant dismissal (ontslag op staande voet): used only in cases of an urgent cause, such as theft or serious misconduct. No notice period or prior permission applies, but the legal requirements are strict and this route is often successfully challenged if not followed correctly.
- Mutual consent: employer and employee agree to end the contract by mutual consent, recorded in a settlement agreement (vaststellingsovereenkomst). This is usually the fastest route and gives both parties the most control over the terms.
Notice Period and Timing
If the UWV grants permission, the employer must still observe the statutory notice period, which depends on the employee’s length of service: one month for less than five years of service, two months for five to ten years, three months for ten to fifteen years, and four months for fifteen years or more. Time already spent on the UWV procedure may be deducted from this notice period, provided that at least one month remains.
Transition Payment (Transitievergoeding)
In almost all cases of dismissal initiated by the employer, the employee is entitled to a statutory transition payment from the very first day of employment, regardless of the length of the contract. The payment is calculated at one third of a monthly salary for each year of service, calculated proportionally for partial years. As of 1 January 2026, the transition payment is capped at €102,000 gross, or one gross annual salary if that amount is higher. If the employer has acted seriously culpably, an employee can also claim additional fair compensation (billijke vergoeding) on top of the transition payment.
What to Do If You Are Facing Dismissal
- Do not sign anything, including a settlement proposal, before it has been checked by an employment lawyer.
- Check whether your employer has followed the correct procedure for the type of dismissal being used.
- Find out whether you are entitled to a transition payment, additional fair compensation, or both.
- Ask whether unemployment benefit (WW) is affected by the way the dismissal is documented, particularly the stated reason and whether you have a role in ending the contract.
- Be aware of time limits: challenging a dismissal via the UWV or the subdistrict court is generally subject to a strict two-month deadline.
Dismissal Advice for Employers
Employers who want to dismiss an employee need to select the correct route for the applicable ground for dismissal and gather sufficient evidence beforehand, such as a well-maintained personnel file for underperformance cases or clear financial reporting for a reorganisation. Getting the procedure or the substantiation wrong can lead to reinstatement claims, additional fair compensation, or a longer and more costly dispute. Law & More advises employers on the right route, prepares the required documentation and settlement agreements, and represents employers before the UWV and the subdistrict court.
How Law & More Can Help
Whether you are an employee facing dismissal or an employer planning a reorganisation, Law & More’s employment lawyers assess your situation, explain your options in plain language, and represent you in negotiations or in court. We offer a free introductory consultation, work with clear and transparent fees, and are available seven days a week to answer urgent questions.
Frequently Asked Questions
Can I be fired without notice in the Netherlands?
Only in case of instant dismissal (ontslag op staande voet) for an urgent cause, such as serious misconduct. This is a strict legal exception, not the general rule, and is regularly disputed successfully.
What if I disagree with my dismissal?
You can challenge a dismissal via the subdistrict court, generally within two months, and may claim reinstatement or additional compensation depending on the circumstances.
Am I entitled to compensation if I am dismissed?
In almost all cases, yes: a statutory transition payment is due, capped at €102,000 gross (or one annual salary if higher) in 2026, and in some cases additional fair compensation if the employer acted seriously culpably.
Does dismissal law apply the same way during illness?
There is a statutory dismissal ban during the first two years of illness, with limited exceptions. After two years, dismissal via the UWV becomes possible.
How long does a dismissal procedure take?
This depends on the route: a UWV procedure typically takes four to eight weeks, a subdistrict court procedure eight to thirteen weeks, while dismissal by mutual consent through a settlement agreement can often be arranged within a few weeks.
Ready to Speak with a Dismissal Lawyer?
Contact Law & More for a free introductory consultation.
+31 40 369 06 80
