Posts

8 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.

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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.

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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.

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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.

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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.

Terminating an employment contract

If you have an employee on a permanent contract or you wish to end a temporary contract before it is scheduled to expire, you must either reach a settlement agreement with the employee or you must get permission to dismiss him or her. If grounds for dismissal are related to the employee, an employer will have to ask permission from the cantonal judge.

Poor performance

One of the most common grounds for dismissal is poor performance. And this is one of the most difficult reasons to prove. An employer must have a solid file to be able to convince a judge to dissolve an employment agreement.

This file should provide the following:

  • The employee is not suitable for the position. This can either be because the employee does not fulfill the position’s requirements or because the employee’s character does not match the requirements.
  • The unsuitability may not be the result of illness or disability.
  • The employee must be made aware of the employer’s point of view. The employer has to inform the employee in detail of the criticism.
  • The employee should then be given enough time to improve his or her performance. During that time the employer is obliged to discuss the employee’s improvements or lack thereof at regular intervals. Normally an improvement plan will take at the least 6 months and sometimes even up to a year.
  • The unsuitability may not be the consequence of too little schooling or training of the employee and may also not be caused by a lack of good working conditions.
  • The employee cannot be re-employed in another suitable position within the company.

A judge will only dissolve an unemployment agreement if all these conditions have been met.

Contact

If you or your company wishes to terminate an employee for any reason, please do not hesitate to contact us.

Update article: December 2017

‘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.

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