Jan Dop

partner

Jan is a specialist in employment law and corporate law

jan.dop@russell.nl
+31 20 301 55 55

Reinier Russell

managing partner

Reinier advises national and international companies

reinier.russell@russell.nl
+31 20 301 55 55

Farhana Mahabali

Lawyer

Farhana is employment law lawyer for international and national companies

farhana.mahabali@russell.nl
+31 20 301 55 55

Labour / Employment law and dismissal

Legal 500 2024 | Russell Advocaten leading firmRussell Advocaten advises employers on all aspects of labour / employment law and dismissal, Dutch, European and international. We will assist you during negotiations and in legal proceedings. We can also help you with personnel management and reorganisations.

We will gladly answer your questions on:

  • Employment contracts
  • Application process and appointment
  • Dismissal (with immediate effect), termination
  • Corporate immigration, work permits
  • Non-competition- and non-solicitation clause
  • Social media clause
  • Director (under the articles of association)
  • Terms & conditions (harmonisation)
  • Collective agreement
  • Reorganization, redundancy plan
  • Transfer of undertaking
  • Employee participation and works council
  • Flexible employment relations, secondment, agency work, employment contract, payrolling
  • Self-employed individuals (client-contractor relationship)
  • Monitoring employee sickness (Arbo, UWV)
  • Working conditions (Arbo)
  • Employers’ liability
  • Pension plan

Do you, as an employer, need legal advice?

Please contact us via +31 20 301 55 55 or by e-mail.

Frequently Asked Questions

Our clients often ask the following questions. Do you have any other questions or would you like to submit a dispute to us? Call us at +31 20 301 55 55 without obligation or send us an e-mail.

  • The end of the employment contract

    • How can I terminate my employee’s employment contract?

      You can terminate your employee’s employment contract in different ways:

    • Can a temporary contract be terminated prematurely?

      Premature termination of a temporary employment contract is only possible if this has been agreed in writing:

      Premature termination clause

      If a premature termination clause has been agreed upon, for the employer the “normal” rules for termination apply. In other words: You can only terminate an employment contract prematurely with permission from the UWV, via a request for dissolution to the subdistrict court, or with the employee’s agreement. You must also observe the period of notice for termination. Your employee can also terminate the employment contract prematurely, provided that he or she observes the period of notice for termination.

      No premature termination clause

      If no premature termination clause has been agreed upon, in principle, the employment contract cannot be terminated prematurely. If the contract is still terminated, the non-terminating party can claim damages before the subdistrict court. In the event of wrongful premature termination by the employer the employee can also request the annulment of this termination before the subdistrict court.

      Without a premature termination clause, a temporary employment contract can be terminated prematurely:

    • My employee’s temporary contract is about to end. What do I have to do?

      In principle, a temporary contract ends automatically – without a need for prior notice – on the agreed end date.

      You must inform the employee about the continuation of the employment relation no later than one month before the end of the contract (‘notification obligation’). You must notify your employee in writing whether or not the employment contract will be continued and if so, under what conditions. What if you do not notify the employee (on time) whether or not the employment contract will be continued? In that case you are obliged to pay the employee a compensation. If you do not fulfil the notification obligation and the contract will be continued, the contract will be deemed to be continued for the same time (but for a maximum period of one year) under the same conditions. You do not have a notification obligation in the case of a temporary contract in which the end date is not set on a calendar date or which has a duration of less than six months.

    • What compensation do I have to pay to my employee in case of dismissal?

      Transition compensation

      When an employment contract is terminated upon your initiative, you must pay the employee transition compensation. The transition compensation depends on the length of service and the employee’s salary. In some cases, however, you do not need to pay transition compensation at all or a reduced compensation. In other cases, you must pay higher transition compensation.

      Reasonable compensation

      If the dismissal is attributable to serious culpable acts or omissions on your side, the court can grant the employee a reasonable compensation on top of the transition compensation. The amount of the reasonable compensation will be determined by the court.

    • What are the exceptions to the transition compensation?

      Sometimes, you do not have to pay transition compensation or you have to pay a lower or higher transition compensation amount:

      No transition compensation

      You need not pay a transition compensation if:

      • The employee is under 18 and works less than 12 hours per week
      • The employment contract ends upon or after reaching the pensionable age
      • The end of the employment contract is due to serious culpable acts of the employee (mostly in the event of dismissal with immediate effect)
      • You have been declared bankrupt, granted moratorium or may participate in a debt management scheme for natural persons
      • The collective agreement contains an equivalent provision for transition compensation; or
      • Your employee has been given a new temporary contract before his or her temporary contract has ended, and the new contract will start within 6 months after the end of the previous employment contract

      Transition compensation scheme

      You can apply for compensation from the UWV for transition compensation paid in the event of dismissal of an employee who has been ill for more than two years.

    • How to dismiss a statutory director?

      statutory director is dismissed by the general meeting of shareholders (AVA) or the Supervisory Board (RvC).

      Often the director is also an employee of the company. In that case he has a ‘dual legal relationship’, a relationship under employment law and corporate law. The dismissal of the director under corporate law by the general meeting of shareholders or the Supervisory Board then also entails the dismissal under employment law.

      Thus, all that is needed for the dismissal of the statutory director is a valid decision by the general meeting of shareholders or Supervisory Board. Make sure that all corporate law rules are complied with! If these rules are not complied with, the dismissal decision may be null and void or can be cancelled. In addition, there must be a reasonable ground for the dismissal. Otherwise, the director can claim a reasonable compensation.

      Please note: If the director has been appointed within a group of companies as a statutory director of one company and has concluded an employment contract with another company, the aforementioned does not apply. In that event the dismissal under corporate law does not result in dismissal under employment law.

  • Holiday and leave

    • Which types of leave is the employee entitled to?

      On the basis of the Work and Care Act (Wet Arbeid en Zorg (WAZO)) the employee is (under circumstances) entitled to the following types of (care) leave:

      Tip: Include a list of the different types of leave in your employee handbook.

    • Obliging employees to take holidays. Is that allowed?

      In principle, employees are not obliged to take their holidays at a time determined by the employer. The general rule for taking holidays is that the employer has to agree to a request from the employee. Only if substantial business interests do not allow for it, the employer may refuse a request and determine the holiday period for the employee himself. In practice, this mainly concerns the continuity of the business, or fixed holiday periods as for schools and the construction industry. It does not include a shutdown due to the corona crisis. Because of the NOW scheme and other government support measures the employer has, after all, no interest to make employees take their holidays just now.