I get dismissed by mutual consent, what now?

Do you feel that you will soon be given notice of dismissal? Or have you already received mutual agreement dismissal? This causes a lot of worry and uncertainty. There is a lot coming at you. What do you need to arrange and what are your entitlements? We have the answers to all your questions. Our employment lawyers are easily and quickly accessible, so you do not have to sit in uncertainty for long.

The employer can effect a dismissal in several ways:

• Dismissal by mutual agreement
• Dismissal with a termination agreement
• Instant dismissal
• Dismissal due to industrial dispute
• Dismissal via UWV
• Dismissal through the Cantonal Court

Dismissal by mutual consent / Termination agreement

Your employer wants to fire you and you agree (after a review Termination Agreement)

If your employer wants to dismiss you and you agree, you will come to a termination agreement. This contains all the agreements you make around the dismissal. You will save time and energy because the dismissal request will not have to go through the cantonal court or UWV need. This option is only an option if you come to this decision together. Do you disagree with the proposed dismissal after a verification settlement agreement? Then dismissal through a settlement agreement is not possible. Both parties must approve this option.

After your joint decision, it is up to the employer to draft the document. After that, the ball is in your court, and you have to review and complete the proposal. Here you will find provisions that should not be missing from a settlement agreement. Check the settlement agreement carefully!

Don't do this alone; get an expert to watch and advise you. This will prevent you from agreeing to a meagre proposal.

A better arrangement is possible in 99% of cases and it is a shame to agree too quickly to something as important as a dismissal. Don't be pressured and take the time to properly review the determination agreement. An experienced lawyer at LegalWorx can assess whether the document is good or not within minutes when checking a settlement agreement.

Dismissal by mutual agreement

Your employer wants to dismiss you by mutual agreement? This sounds scary because then you have to agree to your dismissal (by mutual consent) and that is not allowed by the UWV, is it?

Even with a dismissal by mutual agreement, your WW entitlements can be secured, however, all agreements must be correctly included in a settlement agreement (VSO). If this is not the case, the UWV may refuse WW benefits and there is a possibility that you will lose even more rights. It is therefore wise to seek advice from an employment lawyer when a mutual agreement dismissal takes place.

Your initial consultation is always 100% free, and in 99% of cases, the negotiation can also take place completely free of charge for you.

Dismissal by mutual consent is always an emotional journey let LegalWorx relieve you of your worries.

• Is my transitional allowance correct?
• Can I still apply for unemployment benefits?
• Will my holidays be paid?
• Can the employer force me to sign?
• Is a higher fee negotiation possible?
• Are my rights even secured?

Instant dismissal / Dismissal for industrial dispute

You are summarily dismissed, is that allowed?

In exceptional cases, your employer has the right to summarily dismiss you. This means you will be dismissed with immediate effect. The current employment contract will be dissolved without notice. Your employer does not need permission from the subdistrict court for this.

You may only be dismissed immediately in case of urgent and serious reasons.

Your employer must dismiss you immediately if any of the reasons below apply. He must also tell you the reason for your dismissal.

Reasons for summary dismissal include:

• theft
• gross insult
• fraud
• assault
• work refusal

Do you disagree with your summary dismissal? You may challenge your dismissal with the subdistrict court. He may grant your objection or reject it.

Instant dismissal has major and far-reaching consequences for you.

You are immediately unemployed and will no longer be paid wages. Because you were summarily dismissed, you lose your right to a WW benefit. Because you have become culpably unemployed. And it may even be that the employer will claim damages.

Dismissed because of a labour dispute?

It can always happen that you and your employer end up in a situation that ends in an industrial dispute. Of course, you would rather avoid this kind of situation, but sometimes it is unfortunately the harsh reality. In the first instance, always try to work things out together by talking to each other. And more importantly: by staying there. This way, you will in most cases reach a solution that feels right for both parties.

Sometimes the conflict has risen too high and you cannot work things out together. At that point, a lawyer or a mediator is often called in, who will still try to reach a solution. The outcome of this process is almost always a settlement agreement. In this case, you agree together to dissolve your employment contract. The agreement includes all agreements made, as well as severance pay that you get.

What are your rights when you are dismissed due to an industrial dispute?

You also have rights in the situation of a labour dispute between you and the employer. For example, your boss is not allowed to unilaterally change the content of your job. He may only do so if this is included in your contract. This can lead to a conflict if you do not agree with the new position. You may also not be dismissed because of illness, but dismissal during illness is allowed. You may have fallen ill due to the industrial dispute. Often, a dismissal by mutual agreement and a settlement agreement is then the best solution. Dismissal and illness is often a complex situation that requires expertise and experience. Get advice and assistance from an employment lawyer.

Your employer may not simply dismiss you unless it is within its rights to summarily dismiss you.

Advice from an employment lawyer in the event of a dismissal

As a settlement agreement is the solution to the ongoing labour dispute, then it is nice if an expert conducts the negotiations on your behalf. This way, you will get a proposal with the most favourable terms. All agreements we make for you with the employer will be included in the settlement agreement. This states, for example, whether or not you are exempt from work until the agreed end date.

The conflict may have risen so high that there is no longer a workable situation. But the amount of severance pay is also included in the document. And it may be possible to arrange a budget for a coaching programme or retraining so that you can find another job more quickly.

Our experts will ensure that everything is dealt with neatly and properly and that you qualify for unemployment benefits at the UWV without any problems.

During the negotiations on the settlement agreement, you should in principle continue to work, unless you have agreed otherwise.

Dismissal and UWV

Your employer requests your dismissal from the UWV

Perhaps your employer has indicated that it wants to fire you. You do not agree to that. So even a settlement agreement, which is drawn up after dismissal by mutual consent, is not an issue. Your employer can then request your dismissal through the UWV.

He can also request your dismissal through the UWV in case of business economic reasons or long-term disability. Of course, this must be a well-founded application, otherwise the UWV cannot assess it.

Business reasons

If the business is doing badly and there is insufficient work, jobs may be eliminated. Job cuts must come up within the next 26 weeks and the employer must prove that this is a necessary decision for the survival of the business.

But relocation of the company or an implemented automation can also mean that the employer has to lay off one or more employees. These are all examples of business reasons for dismissal.

Long-term disability

If you are on long-term disability, this may be a reason for the employer to request dismissal. Of course, this cannot be done just like that. The request for dismissal must meet several requirements. For example, you cannot have recovered within 26 weeks to be able to perform your job again. Also, you cannot do modified work within this period. Or the statutory period of wage payment obligation of 104 weeks has passed.

In some situations, dismissal without a dismissal permit is possible

When does your employer not need the UWV's permission to dismiss you?

• you have reached the state pension age, unless otherwise agreed in the employment contract or you joined the company after your state pension age
• the reason for dismissal is bankruptcy
• you are still on probation
• you were summarily dismissed
• you fall into a category that does not require authorisation for dismissal

Individual or collective dismissal

If the company is doing badly (bad financial situation or mandatory reorganisation), the employer may have to dismiss you alone as well as you and others. He can apply to the UWV for both individual and collective dismissal. This is the case if more than 20 employees are dismissed within three months within the UWV office's working area. The employer is obliged to give advance notice of collective dismissal to the UWV and any trade unions (if applicable).

Rounding off mandatory for economic reasons collective redundancy

Are you being laid off due to business reasons? If so, your employer is obliged to offer smoothing. What is smoothing off? The principle that determines the order of dismissal. Dismissed employees must be spread evenly over five age categories. If several people have to be dismissed, the principle of 'last hired, first dismissed' applies.

UWV approves dismissal request

If the UWV has approved your employer's dismissal request, he has four weeks to terminate and dissolve the employment contract. Is your employer too late and only terminates your contract after the four expired weeks? Then he has to restart the dismissal procedure. He must also apply the statutory notice period; it varies from 1-4 months, depending on how long you have worked for the company.

Do you disagree with the outcome of the UWV dismissal procedure?

You have the right to apply to the subdistrict court for a review within two months of the end date of your contract. Get the assistance of an expert, who will stand up for your interests and have the right knowledge ready.

Dismissal application is rejected, now what?

Your employer will request your dismissal through the subdistrict court or UWV. The dismissal request may not be approved; your employer must have good arguments for your dismissal. This is regulated by law. Firing someone without good reasons is not possible. Unless it is summary dismissal, but this too is subject to conditions that the employer must meet.

Does the UWV reject the dismissal request? Then you will remain employed and nothing will change on paper. But in practice, it does. The employer still wants to dismiss you and the mutual relationship is also often disturbed. In this case, your employer will be more than willing to work things out together and will propose a settlement agreement. He will draw up a draft termination agreement which you may then review and assess. A negotiation ensues in which you are very strong. Because your employer knows that he will not get approval through the UWV or the courts.

Dismissal and Cantonal Court

Your employer requests your dismissal through the subdistrict court

When does your employer request your dismissal through the subdistrict court? If he cannot/will not dismiss you for personal reasons or a disturbed working relationship, he can request your dismissal from the subdistrict court. Your employer will then submit a petition stating the reason for your dismissal and why he cannot reinstate you within the company. With this, you submit a request for dissolution of the current employment contract.

Within civil law, a subdistrict court judge deals with matters such as employment cases and rent cases. There are costs associated with dismissal through the subdistrict court. These costs must be paid by the person initiating the proceedings; in this case, the employer. He must pay the court clerk's fees. You, as the defendant, do not pay any costs.

After receiving the petition, the subdistrict court tests the dismissal request against the law. The subdistrict court grants the request only if the reasons submitted for dismissal are weighty. Otherwise, the request is rejected. You cannot then be dismissed and remain employed by the employer. The subdistrict court approves the request if there are good grounds for dismissal.

But also if there are several reasons for dismissal, which alone are not enough for dismissal. If together they do constitute sufficient grounds for dismissal, this request will also be approved. In this case, you will be entitled to a higher transitional compensation. If the combination of different reasons are not enough to approve your dismissal, you will remain employed.

Challenging subdistrict court ruling

You have the right to challenge the decision of the subdistrict court judge. You then submit a written defence. This is followed by an oral hearing of the dissolution request. The court will give its decision within a few weeks. Always seek guidance from an expert in this situation. However, the employer can also challenge the decision of the subdistrict court; you both have this right.

Instant dismissal

In cases of summary dismissal, your employer does not have to file an application with the subdistrict court. Have you been summarily dismissed and do you disagree? If so, you may challenge it through the subdistrict court.

Consent to dismissal

Does the subdistrict court grant permission for your dismissal? If so, your employer must pay you a transition allowance. The judge will also rule on the end date of the employment contract. He will take into account the notice period of at least one month. The final dismissal date will be included in the ruling.

Good and valid reasons for dismissal via subdistrict court

Will you be dismissed for business economic reasons? If so, your employer must request and arrange this through the UWV. In other cases, he will request your dismissal through the subdistrict court. A subdistrict court judge will assess whether your dismissal is legally valid, but may also consider the possibilities for another position within the company or possible retraining or additional training. What are valid reasons for dismissal through the subdistrict court?

• culpable acts or omissions by the employee
• disrupted working relationship
• regular absenteeism with unacceptable consequences for the company
• non-function
• refusal of work on grounds of serious conscientious objection
• other circumstances that are such that the employment contract cannot be maintained

Right to additional severance pay

In what situations are you entitled to extra severance pay? If your employer fails or acts in a seriously culpable manner, the court may grant you additional compensation in the form of an extra severance payment. This is in addition to the severance pay you are entitled to in the base. The amount of the severance pay is determined by the subdistrict court judge. He takes into account the notice period and your salary. The reasonableness of your dismissal and its consequences are taken into account as factors in determining your severance pay and not in determining the severance pay.

Are you in the situation where your employer is going to request your dismissal through the subdistrict court? Contact us at WhatsApp, call 085 080 5482 or send a email; our employment lawyer will be happy to talk to you. And provide the answers to all your questions.

Frequently asked questions