Tag Archive for: Dismissal

Claiming extra termination compensation as a highly skilled migrant

As a highly skilled migrant (in Dutch: “kennismigrant”) your position as an employee is less strong than the position of a regular employee. First of all, your right to stay in the Netherlands depends on your temporary residence permit to live and work here as a highly skilled migrant. That type of permit is linked to having paid work. If you lose your job as a highly skilled migrant, there is a great chance that you will also have to leave the Netherlands. As a highly skilled migrant, you can use this threat to your advantage in case of an impending dismissal. We will explain this further in this article based on a recent decision of the Arnhem-Leeuwarden Court of Appeal.

Vulnerable position upon termination of employment contract

If you are a highly skilled migrant and are no longer employed, you will be given a three-month search period to find another place of employment with a so-called sponsor employer (in Dutch: “erkend referent”). If you do not succeed in finding a new job as a highly skilled migrant during this search period – with the conditions that go with the residence permit to work as a highly skilled migrant – you will have to leave the Netherlands. This also applies to your family members, because their right to stay in the Netherlands depends on the highly skilled migrant’s right of residence.

Additional termination compensation of € 60,000 for a highly skilled migrant

An employer must take such a vulnerable position into account when considering possible dismissal. This is what the Arnhem-Leeuwarden Court of Appeal ruled on September 4, 2023. The employer in that case had failed to do so. A few months after the start of the employment contract, that employer (a so-called sponsor employer, of course) had announced its wish to terminate the employment contract of the highly skilled migrant. To enforce that wish, the employer filed a request for dissolution of the employment contract with the court. The employment contract was dissolved by the judge, also because – due to the employer’s behavior – the highly skilled migrant no longer had confidence in continuing the employment contract.

However, the judge did find that there was so-called “serious culpability” on the part of the employer. A factor in that conclusion was that the employer had not taken into account the employee’s vulnerable position as a highly skilled migrant worker when he wanted to terminate the employment contract quickly. In the event of seriously culpable conduct, an employee is entitled to fair compensation. In this case, the court of appeal awarded fair compensation of €60,000 gross, after a short employment period of less than a year.

The negotiation position of a highly skilled migrant

A court therefore expects the employer of a highly skilled migrant to take into account the possible very drastic consequences that come with the residence status of a highly skilled migrant. As a highly skilled migrant, you can benefit from this in the event of impending dismissal. By negotiating a possible amicable termination of the employment contract through a settlement agreement, you can ask for a higher compensation because of this risk of losing your right of residence. Compared to a regular employee you, as a highly skilled migrant, therefore have an additional interest in a higher compensation or in keeping your job: namely, the interest of you and your family to be allowed to stay in the Netherlands.

More information

Do you have any questions? Or would you like more advice about your rights as a highly skilled migrant in the event of a dismissal? Then please do not hesitate to contact us.

‘It’s my way or the highway’ approach costs employer small fortune

In the unlikely event you are faced with the dissolution of your employment contract because of (alleged) malfunctioning, it is good to know that judges might grant ample compensation when your employer lacks a complete personnel file of malfunctioning and has not given enough opportunity to improve yourself. Read further to learn why the ‘It’s my way or the highway’ approach will cost employers a small fortune.

Read more

How to lose your job in the Netherlands 2021

There are not many ways to lose your job in the Netherlands – but each of them follows a different process and has different implications for your rights. Here’s what you need to know in 2021, and when to take action.

Read more

The new normal – legally speaking

So much has changed in our day-to-day lives since “corona” became part of our vocabulary that it’s easy to believe that everything is different. So has this crisis fundamentally changed your legal rights in the Netherlands? Our legal experts summarise what you need to know.

Read more

Settlement agreements – what you need to know

As more and more companies move towards reorganisations and redundancies, voluntary leave programmes and settlement agreements are becoming a common topic of conversation. So what should you do if you are offered a settlement agreement? Is it worthwhile accepting, and what are the consequences? Here are some essential considerations.

Read more

Reorganisation and redundancy in the Netherlands

Employees in the Netherlands enjoy strong legal rights. They can only be dismissed for a limited number of reasons (grounds). One such reason for dismissal is redundancy for business economic reasons, for example during a company reorganisation. This article explains the process employers must follow and why a settlement agreement can be easier than dismissal via UWV procedure.

Read more

Losing your job in 2020 – key considerations

There’s not much worse than facing dismissal, except perhaps for losing your job now in the current crisis. Companies are failing, jobs are scarcer, and just getting to an interview is more complicated. As an expat, the threat to residence makes this an even bigger issue. So, if the worst happens, here’s what you need to know about your legal rights and options.

Read more

Dismissal law in the Netherlands 2020

Dutch employment law has changed in 2020. With the introduction of a new act, the grounds for dismissal in the Netherlands have expanded. Here’s what you need to know.

Read more

When to call a lawyer about work

As an employee, you may be confronted with an unpleasant situation at work, such as a conflict, demotion or change in your employment conditions. In such circumstances, it can be difficult to know how to respond. Read more

The seven things you need to check in your new employment contract

You’ve just got a new job, or perhaps you’re extending an existing position. You’ve just received a new employment contract. Before you sign your employment contract, there are some key clauses to which you should pay attention.

Read more

9 Ways to lose your job in Holland

As an expat, the most common reason to move to a new land is work – but which country will protect your rights in the workplace when you are there? Expat employment specialist Godelijn Boonman explains what makes the Netherlands a great choice for international workers.

Read more

Things to consider when confronted with dismissal

Even though the Dutch economy is growing again, many companies are still dismissing employees. Godelijn Boonman highlights the top 8 things to consider when confronted with dismissal.

Read more

Dutch labour law and your contract of employment

Your employment contract may determine specific payment and work conditions, but Dutch law determines your rights as an employee in the Netherlands. There are a great many Dutch laws that apply, but some are especially relevant to international workers. Here are some expert tips on evaluating your employment contract under Dutch law.

Read more

Terminating an employee

Do you have an employee you would like to dismiss? In the Netherlands, an employer cannot unilaterally end an employment agreement unless both parties have agreed upon a temporary contract which ends by operation of law.

Read more