NETHERLANDS Law and Practice Contributed by: Inge de Laat, Tijmen Noordoven, Ilaha Muhseni and Laetitia Wezenbeek, Rutgers & Posch
• the reason for termination of employment – mostly a neutral ground is included, such as a difference of opinion or reorganisation; • the date on which the employment agreement will end; • any severance payment (which may also be zero, in principle is at least equal to the transition allow - ance); • whether the employee will be exempt from work until the termination date; • arrangements regarding payment of outstanding holiday entitlement (possibly deviating from statu - tory provisions); • whether the employee remains bound by the post- contractual obligations, such as a non-compete clause or a relations clause; • the employee’s statutory right to revoke the agree - ment within 14 days after signing (if not explicitly included, a reflection period of 21 days applies by default); and • a full and final discharge clause, meaning that, once all terms are fulfilled, neither party has any further claims against the other. 7.5 Protected Categories of Employee Restrictions on Termination by Employers An employer is prohibited from giving notice of termi - nation under the following circumstances: • during an employee’s pregnancy or maternity leave, and up to six weeks after the end of such leave; • while the employee is a member of a participation body, such as a works council; • during the period of prospective membership of a participation body (eg, candidates) and up to two years after the end of such membership; • during the first two years of illness, unless the employee deliberately obstructs their recovery; • during compulsory military service; • while the employee is applying for or taking leave, such as parental leave, adoption leave, short-term or long-term care leave; • because the employee is a member of a trade union; • due to leave taken for political activities; • because of the employee’s refusal to work on Sundays; or
• due to the transfer of an undertaking. These restrictions apply both in procedures before the Employee Insurance Agency (UWV) and the sub- district court. The “during” prohibitions do not apply when the employment agreement is terminated by mutual consent during the probation period, due to an urgent cause, upon reaching retirement age, or in certain limited cases of dismissal for economic rea - sons. There are no exceptions to the “because of” prohibitions. Specific Exceptions The sub-district court may also dissolve the employ - ment agreement if: • the request for termination of the employment agreement is unrelated to the circumstance cov - ered by the prohibition; or • there are compelling reasons that justify the ter - mination in the employee’s interest, for example, health reasons. These exceptions apply only to the “during” prohibi - tions, such as pregnancy or membership in a repre - sentative body. They do not apply to dismissals for economic reasons, unless this results in the complete cessation of the company’s activities.
8. Disputes 8.1 Wrongful Dismissal A dismissal may be wrongful when:
• there is no reasonable ground for the dismissal; • the employer has not followed the right procedure, such as dismissal without permission of the sub- district court or the Employees Insurance Agency (UWV); • the notice period has not been taken into account; and • an instant dismissal is made without urgent reason. In the event that an employee has been wrongfully dismissed, the employee has two options to seek redress:
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