Do you not receive a cancellation proposal or do you not agree with the termination proposal? Then, the employer must obtain permission from the UWV or the Sub-District Court. Doesn`t your employer do that? Then you will continue to be employed. Although many people do not know it, negotiation is almost always possible in a termination procedure. As an employee, you often have the greatest leeway in the event of an out-of-court dismissal, as you can influence all regulations and your consent is required. This is often the fastest and most financially attractive way to end your employment relationship. The speed, the relative certainty of the result and the small amount of work that this procedure costs are often also a reason for your employer to choose it. The termination agreement must be in writing and generally describes when the contract ends and under what conditions this will occur. If the contract has not been concluded in writing, it may be determined that it is null and void and that, therefore, the employment contract does not terminate. If the agreement is unclear, it can be interpreted as a fixed-term contract instead of a termination agreement. For urgent reasons, you can fire someone immediately. You then have no notice period. In this case, you can fire your employee immediately.

The contract then ends immediately. You can only fire an employee if you have a valid reason (a valid reason) to do so. This is indicated in the right of termination. Your employer should have two options as soon as they want to fire you. They may offer you a settlement agreement in which you are dismissed by mutual agreement, or they may apply for a termination permit from the UWV or ask the Sub-District Court to terminate your employment contract. The termination procedure depends on the reason for the termination. A permanent contract is an employment contract in which you do not agree on an end date. Your contract therefore runs indefinitely. Although an employment contract of indefinite duration can be concluded at the beginning of the employment relationship, it is often found nowadays that a fixed-term contract (fixed-term contract) is initially provided. This gives the employer more time to determine if someone is doing well and also gives them the option to let the contract expire without a termination procedure in case of disappointing benefits or absence from work on the end date. Notice means that your employer will inform you whether or not your contract is renewed. This must be done in writing and at least 1 month before the end date of your fixed-term contract.

Otherwise, he must pay a cancellation fee. A permanent contract (contract of indefinite duration) is an employment contract that does not specify an end date. Since the introduction of the Labour and Safety Act (WWZ), the rules for dismissal with an employment contract of indefinite duration have changed. You can read more about it on this page. The law therefore stipulates that a contract of indefinite duration terminated by any means other than termination (in accordance with Article 7:671, paragraph 1, parts a to h, Art. 7:671-1 DCC) or by dissolution by the court was maintained after an interval not exceeding 6 months by means of a fixed-term employment contract. a dismissal authorisation is required for this fixed-term employment contract. This does not apply if the employment contract concluded for an indefinite period is terminated because the worker has reached retirement age (Art. 7:669-4 DG). If your employer wishes to terminate your employment contract indefinitely, they must have a reasonable reason to do so (with some exceptions). Depending on this reason for termination, one of the following termination procedures will be applied. To determine the amount of the legal transitional payment, we look at the number of years of service and the amount of your salary.

The transitional payment is a maximum of €84,000 gross (2022) or an annual salary if you earn more. With our calculator, you can calculate the amount of your transitional payment for free. Your last severance package can be much higher after negotiations! The parties may agree that the employment contract of indefinite duration ends on a certain date. This may mean that they have their employment contract indefinitely, followed by a fixed-term contract that must be terminated in case of continuation (see above). However, it is also possible that they have entered into a termination agreement that terminates their contract at a certain time (i.e. long-term) for an indefinite period. In addition to the above reasons, there are also other reasons such as: frequent absence of illness, allegations of employee actions, conscientious objection at work or other circumstances. Your employer can also fire you immediately as soon as there is an urgent reason. Imagine a situation where, for example, there is theft.

Then, your employer usually has to formally terminate your contract first. This often needs to be done before the end of the month. The notice period is the period between the termination and the end of the contract. A fixed-term contract cannot simply be terminated prematurely. If the employer nevertheless wishes to dissolve prematurely, this must be done by means of a settlement agreement with the corresponding severance pay and notice period or immediately if there is an urgent reason. In some sectors, a lot of work is done with zero-hour contracts. With a zero-hour contract, you are employed by the employer (there are […] Were you over 45 years old on January 1, 1999? Then, the notice period for your employer can be a maximum of 26 weeks. For more information on the notice period for older employees, visit the UWV website. However, there are situations where you can be fired without the intervention of the UWV or the Sub-District Court while you have a contract of indefinite duration. These include the following situations: Please note: If an employer wants to get rid of you, it still works left or right, even if you have a contract of indefinite duration. Even if there is no legal reason for termination. Usually, the working relationship is so disrupted that you also want to go out.

In this case, an amicable termination comes into play. Your employer can fire you without giving reasons when you reach retirement age. In this case, no approval from the UWV or the Sub-District Court is required. Longer notice period You can agree on a longer notice period with your employee. You must then have this agreement included in the contract. Note: Your notice period must be 2 times longer than your employee`s. You are entitled to a transitional payment if you are employed and your employer terminates your contract. For example, the parties may be aware or unaware that they are agreeing to a fixed-term agreement after or as a result of which an agreement terminates indefinitely.

One. The employer first unilaterally terminates the contract for an indefinite period, then re-enters into a fixed-term contract In the case of an open-ended or fixed-term contract, your employer must indicate one of the following grounds in order to be able to dismiss you: Has your employer requested a dismissal from the UWV? Then you can file a defense against dismissal within 14 days. In the defense, you state why you do not agree with the termination. You will automatically receive this form from uwv. Will you be fired by mutual agreement? Then you both agree to the termination. You can then agree with your employer that the non-compete obligation or relationship clause is no longer valid. Employees who have a permanent contract cannot simply be dismissed. An employer who does not have an urgent reason for immediate dismissal (3.3.2.), needs a dismissal permit from the UWV Werkbedrijf (3.4.) or applies to the Sub-District Court for dissolution (3.5.).

Exceptionally, there is (still) a trial period on which the employer can rely (3.3.1.). Only rarely is an employer who unilaterally and legally terminates an employment contract through the UWV or the Sub-District Court then willing to re-enter into a fixed-term contract with the same employee. .