Dutch employment law affords employees extensive protection against dismissal, but only if Dutch law is applicable. That is the case if the contract does not explicitly state that another law is applicable. Another law can be chosen by both parties. That is called choice of law. This choice of law does however have restrictions. The chosen law can never out rule compulsory more favourable regulations of the country in which the employee works.
If the contract therefore does not determine that other law is applicable, it is Dutch law, because the work is done in this country.
Think you are on your way out? Then start by not agreeing to be fired.
Dutch law governing dismissal is based on a dual system: an employer wishing to dissolve an indefinite employment contract may choose between two main procedures. Either he obtains prior permission to do so from an administrative body, the director of a District Employment Services Authority. Or he files a request with the sub district court to dissolve the employment contract. The dissolution procedure differs markedly from the administrative procedure in that the court can award compensation to be paid by the employer to the employee. This compensation is based on culpability, the duration of employment, the age of the employee and the level of her or his last-earned salary. As a rule one month salary per worked year is paid.
The second reason to not agree to being fired is that an employee is not eligible for unemployment benefit because she/he is seen as having brought about the termination of the contract.
So, in general, should you be unlucky enough to be dismissed from your job, it pays to stand up for yourself and contest your dismissal.
Do not hesitate to phone me and feel free to look us up at our website which has an English version, www.gmw.nl.
Godelijn Boonman
Attorney at Law
070 – 3615048
