Dismissal

The legal framework for dismissal

The Dutch Civil Code governs notice, dissolution, the probationary period and summary dismissal. The Work and Security Act (WWZ) sets out, among other things, the transition payment. For dismissal on business-economic grounds and dismissal after two years of illness, UWV permission is often required. For personal grounds, the case goes to the subdistrict court. A CAO can designate other committees.

Where does it often go wrong?

• Double notice or the wrong grounds stated in the letter.

• The works council or UWV involved too late, or not at all.

• A settlement agreement with unemployment-benefit clauses that block the benefit.

• Summary dismissal without an urgent, compelling reason.

• The transition payment forgotten or calculated incorrectly (as of 2026, a statutory maximum of roughly EUR 102,000 gross, or one year's salary if higher).

What can you do now?

Read your contract, the CAO and the letter you received carefully. Note the dates: when you received the letter, sick-leave notifications, works council meetings. If in doubt, seek legal advice before you sign or object.

Employers: document the grounds, check employee participation requirements, and calculate the payment. Employees: compare the offer against the statutory minimums and have any clauses in the settlement agreement reviewed.

When should you involve Sørensen?

At any concrete dismissal proposal, threatened proceedings, or when you as an employer want to arrange an exit without a later dispute. Also with a sick employee facing dismissal, or when the relationship has broken down so badly that mediation is the only route left to a settlement agreement.

Routes in detail

Settlement agreement: fast and by mutual agreement, provided both parties cooperate. Notice: a notice period and often UWV or subdistrict court involvement. Dissolution: the court reviews fairness. Summary dismissal: only in exceptional situations.

We guide negotiation, draft letters, and conduct proceedings.

Collective redundancy and reorganisation

In larger redundancies, the Collective Redundancy (Notification) Act, the social plan and reorganisation all come into play. Individual settlement agreements need to fit within that plan. We connect the collective and individual steps.

Unemployment benefit, pension and administration

After termination: an unemployment-benefit application, the final settlement, holiday pay, pension. In the settlement agreement, we set out which documents the employer provides and which clauses affect unemployment benefit.

Notice period and formal requirements

The notice period depends on the contract, the CAO and years of service. Employers must give notice in writing and with reasons where the law requires it. We check that there is no double notice and that the payroll and end date match what is stated in the letter.

Probationary period and summary dismissal

Different rules apply during the probationary period, but limits also apply around pregnancy or a sick-leave notification. Summary dismissal requires an urgent reason that disrupts the relationship immediately. We assess whether that threshold has been met before you take that step or defend against it.

Employer and employee: the same law, different interests

As an employer, you want predictable costs and no proceedings; as an employee, you want fair compensation and unemployment benefit. Sørensen Advocaten knows both sides and negotiates sharply but realistically. Where the relationship has broken down, mediation can help before the parties go their separate ways for good.

The chain rule and fixed-term contracts

With successive fixed-term contracts, the chain rule comes into play: an unexpected indefinite-term contract, or extra protection against dismissal. We calculate where you stand in the chain before you propose a next extension or dismissal.

Documents and evidence in the file

A dismissal procedure stands or falls with the file: performance reviews, warnings, the reorganisation rationale, sick-leave notifications and works council correspondence. We help employers structure what already exists, and help employees assess whether the employer has proven enough. Without that overview, you negotiate on gut feeling instead of facts.

Financial settlement after dismissal

Besides the transition payment, holiday pay, bonus, shares, a lease car and pension all come into play. We make sure the settlement agreement or dismissal letter leaves no loose ends that the parties later litigate over. Employees get insight into what is negotiable; employers get insight into what is reasonable and defensible toward other departing staff.