If your employer applies to the UWV for a dismissal permit because they wish to dismiss you for commercial reasons, you will receive a copy of the complete dismissal request from us. This indicates why your employer wants to fire you. In addition, you will receive a preparation form for dismissal for economic reasons (docx, 46 kB). You can use this form within 14 days to indicate if you agree with your termination and if not, why not. Other circumstances for your release may include being detained or not having a valid work or residence permit. If your employer wants to fire you because of „other circumstances”, they must make it clear to the District Court that the situation is so serious that they cannot be required to continue with the employment contract. In the event of a prohibition on dismissal, your employer cannot terminate the employment contract. If your employer resigns and there is a prohibition on dismissal, you can cancel the dismissal. You must then ask the Sub-District Court within 2 months to annul the termination.
In case of dismissal in case of malfunction, your employer must prove to the district court that you are not functioning sufficiently and that you are not suitable for your position. Their dysfunction must not be due to illness, disability, working conditions or inadequate training. If your employer wants to fire you, there will be a lot to come. What happens and what you need to do depends on the reason for your dismissal. And whether or not you agree with your dismissal. You can read more about it below. Call us if you have any questions after reading this information. We will be happy to help you. Inform your employee in time that you are not renewing their employment contract Sometimes 3 or more fixed-term contracts count as an open-ended contract. You and your employer must then respect the rules of a permanent contract.
Have you had a number of fixed-term contracts with the same employer with interruptions of 6 months or less? Then the following applies: The extension has been preceded by 1 or more contracts that exceed a period of 3 years with the new fixed-term contract, and your employee sends a notice period at least 1 month before the end of the contract From January 1, 2015, there is a reporting obligation of six months or more for fixed-term contracts. This means that you must inform the employee in writing (preferably by registered mail) at least one month before the termination of the employment contract if you will continue with the employee and, if so, under what conditions and for how long. If you are dismissed because you have been ill for 2 years, you are usually entitled to a transitional payment. If your employment relationship is partially terminated, you may be entitled to a transitional (partial) payment. If you enter into a termination agreement with your employer, you enter into severance pay agreements. You will then not receive a transitional payment. If you are satisfied with your employee and want to link him to your company, you can also immediately offer him a permanent contract. Below are the differences between the different types of employment contracts. Note: This is required by law for a contract of 6 months or more, as you will then have a reporting obligation In this case, use the confirmation of the extension of the employment relationship or the confirmation of the conversion of the employment relationship from a fixed term to an indefinite period instead of the notice of termination with which you terminate the fixed-term contract. This month, you mention the notice period and apply again and again when concluding a new fixed-term employment contract of six months or more. Ask the employee to sign that they will apply for unemployment benefits immediately, if necessary do it together. Have them sign that they are obliged to report it if they have become ill during the post-effect period.
Finally, avoid this situation as much as possible by estimating in advance how the employee will react to the bad news and make it negotiable. It really works. In the end, this is not the solution for the employee himself and sometimes it is just a panic action or a form of „revenge”. If you want to know exactly what you want your employer to do in the event of a mass layoff, look at the mass layoff for employers. Your employer must prove in their application for dismissal that they cannot transfer you to another suitable position during the reintegration period. Not even with the help of education. Your employer must state the following: Immediate dismissal must be „immediate”. This means that your employer will report the dismissal as soon as they determine the urgent reason, not a few days later. If you are laid off due to (economic) developments within the company, we call this for business reasons.
If you do not agree with your dismissal, your employer must request your dismissal for economic reasons from the UWV. More and more people are working on the basis of a fixed-term employment contract. This is an employment contract that ends automatically on a specific date or event. The employer can renew this agreement twice. If you become (partially) unable to work as a result of an accident, your employer will often not want to renew your contract. Is that allowed? You can also cancel immediately. The reason for this is so serious that it would not be reasonable to remain in service. For example, your employer threatens you or still doesn`t pay your salary on time. You may change your mind and cancel the termination agreement (or: settlement agreement) without giving reasons. You do so in writing, within 2 weeks of signing the agreement. If your employer has not informed you of this 2-week cooling-off period, the cooling-off period is 3 weeks.
Send the letter at least one month before the end of his fixed-term contract If you are extending a fixed-term contract, make sure that there is no permanent employment contract if you do not want to. A contract of indefinite duration can occur in 2 situations: Conscientious objection is an objection that someone raises for religious, moral or ethical reasons. For example, you don`t want to work on Sundays because of your faith. Your employer cannot simply request the dismissal of an employee with serious conscientious objection. The objection must be so serious that a solution cannot be found together. In addition, your employer must be able to prove to the District Court with valid reasons that there is no other suitable work for you within the organization. Frequent absences due to illness are not in themselves grounds for dismissal. However, if the consequences for the company are too serious, your employer can ask the district court to terminate the employment contract. For example, if the progress of the production process is threatened. Or if the workload becomes too high for other employees. .