Grounds for dismissal
Do you want to dismiss an employee? This is often only allowed with a good reason. Sometimes you are not allowed to dismiss the employee at all. Your employee may resign without reason. In case of dismissal, take into account a transfer fee.
What grounds of dismissal are permitted?
You can dismiss your employee:
Business reasons are difficult situations affecting your business. Such as a restructuring, relocation of the business, bankruptcy or (partial) termination of the business. This can be a collective dismissal when it involves more than 20 employees.
Your employee has been incapacitated for work for 2 or more years.
Your employee is frequently ill and this has serious consequences for your business. Another job or adapted work is not possible.
You must discuss this with your employee so that they have the chance to improve their work.
Your employee behaves badly or does not comply with agreements. For example, stealing, coming to work drunk, forging diplomas or refusing work without good reason. You may then often dismiss your employee with immediate effect.
A conscientious objection is an objection your employee makes for religious, moral, or ethical reasons. Such as an employee who does not want to work on Sundays because of their religion. While you have agreed this with your employee beforehand. And this is necessary for the work, e.g. in industry, if a production process cannot be interrupted. The objection must be so serious that you cannot reach a solution together. You must be able to prove to the court that you have no other suitable work.
The disrupted working relationship (in Dutch) cannot be restored. For example, because of an employment conflict.
In other circumstances, for example, if your employee is in the Netherlands illegally or in prison.
Your employee is not doing his job properly for a combination of reasons. You can then dismiss them on cumulative grounds (in Dutch). You may not include business economic reasons or long-term incapacity for work in this.
Does your employee agree to the dismissal? If so, you should draw up a settlement agreement. Find more information (in Dutch) here about reasons for dissmissal.
Dismissing your employee without a reason
You can only dismiss an employee without a reason is when:
When are you not allowed to dismiss your employee?
There are a number of situations in which you cannot dismiss your employee, namely:
- in the first 6 weeks after incapacity for work due to pregnancy or childbirth;
- during compulsory military or alternative service in the country of origin;
- because your employee's membership of a trade union or a political organisation;
- if your employee refuses to work on Sundays;
- if your employee works for you as an expert (arbodeskundige) under the Working Conditions Act (Arbeidsomstandighedenwet);
- if your employee is a data protection officer under the Dutch Data Protection Act (Wet bescherming persoonsgegevens).
Employee dismissal procedures and notice period
Are you going to dismiss your employee? If so, you must comply with the dismissal procedures. Think about the notice period, for example. The notice period depends on the duration of the contract. Does your employee have a permanent contract? Then the notice period is 1 month. Your employee must give 1 month's notice. You can make other agreements with your employee.
Does your employee have a fixed-term contract? For example, for 1 year or 6 months? Then the contract ends on the agreed end date. You can agree that your employee can give notice earlier. This agreement must be included in the contract.
Which steps you take next may vary. It depends, for example, on whether your employee agrees to the dismissal.
What if your employee resigns?
An employee does not have to give a reason for resigning. If your employee resigns of their own volition, you do not have to pay a transition payment. However, if your employee leaves due to your own serious wilful misconduct or negligence, which has impaired the working relationship, then your employee is entitled to transition payment.