Conflict and job loss in the Netherlands

Dealing with a problem or conflict at work is always difficult. Especially when you are in a new country and don't know what the correct procedures should be. In this article you will find guidance on how to deal with workplace conflicts and termination of employment in the Netherlands.

Workplace conflicts

If you have disagreements at work, either with a colleague or your employer, and you can't resolve the issue, then you may need an impartial third party to help mediate the situation.  Workplace conflicts can include forms of inappropriate behaviour, harassment, sexual intimidation, discrimination or bullying.

Working Conditions Act

Under the Working Conditions Act (Arbowet), companies in the Netherlands are obliged to protect their employees from such psychological stress.  Therefore, many companies have a counsellor or confidant, known as a vertrouwenspersoon, who is specially trained to receive reports or complaints and handle them in a supportive and appropriate manner.

Useful links: https://www.arboportaal.nl/documenten/publicatie/2010/05/10/arbeidstijdenwet-english-version

How to seek support? 

If there is no adviser, then you should contact someone in the human resources department (P&O) or the works council (OR, ondernemingsraad), which is a kind of employee representative committee in organisations with more than 50 people. If you are a member  of a trade union (vakbond) you can also ask a trade union representative for guidance.  You can also seek external legal advice from an employment lawyer or from Het Juridisch Loket, a government service that provides free legal advice.

Job loss in the Netherlands

Employers in the Netherlands cannot fire an employee at random.  They have to have a good reason to terminate a contract and have to follow fairly strict dismissal rules.  There are several different reasons why you may lose your job (ontslagen zijn) in the Netherlands: maybe your temporary contract is not renewed, maybe your company is restructuring and your role will disappear, or maybe there is misconduct at work that your employer considers serious enough to dismiss you.

Here is an overview of the main reasons and processes for losing your job in the Netherlands:

      1. Expiry of a temporary contract

As a temporary contract already has a fixed end date, there's not much you can do if your employer doesn't want to renew it after that time.  A temporary contract cannot be terminated early unless you and your employer agree or unless you have agreed otherwise in the contract.  Most importantly, your employer must tell you at least one month in advance whether or not your temporary contract will be renewed.  If they take a long time to inform you, then it is wise to remind them that you have a legal right to a notice of one month.

If you have had a series of three or more temporary contracts with the same employer, or have had temporary contracts for two or more years, then your temporary contract becomes permanent automatic.  If your employer wishes to dismiss you in such a situation, then you are entitled to the same dismissal procedure as for a permanent contract.

      Termination of a permanent contract

 If you have a permanent contract, then your employer can only dismiss you under certain conditions, which are listed below.  Additional termination conditions specific to your employer, such as the notice period, may also be listed in your permanent contract.

      - Redundancy through company restructuring:  If your employer's company restructures or gets into serious financial difficulties, you may be dismissed (bedrijfseconomisch ontslag).  Causes of such a termination may include (partial) closure of the business, a drop in revenue, loss of customers, relocation of the business, outsourcing or loss of a grant. This is the most common reason for termination unrelated to an employee's performance, as it covers quite a wide range of reasons.  A company will have to be able to prove these reasons in court subsector (kantonrechter) if the employee does not accept the termination contract and takes the matter to court.

      - Dismissal for poor performance: If you don't meet the requirements of your role or if you have behaved inappropriately and the situation doesn't improve over time, then you may be dismissed for poor performance (dysfunctioneren). An employer cannot simply dismiss an employee for poor performance.  They should provide formal feedback to the employee, for example during a performance review meeting.  They can also devise an improvement strategy (verbetertraject), such as additional training or coaching, for the coming weeks or months to help the employee overcome these problems.  If the employee's performance does not improve over time, then the employer may have reasonable grounds for dismissal.

      - Instant dismissal: Instant dismissal is an exceptional form of dismissal in which an employer can dismiss an employee on the spot for serious misconduct such as theft, embezzlement, abuse, insult or refusal to work.  An employer must have a compelling reason for dismissing an employee in this way and must act immediately by notifying the employee of their misconduct.If you are dismissed on the spot, then you are not entitled to receive unemployment benefit.

Other reasons for termination may include a broken working relationship due to workplace conflict, such as harassment or failure to resolve disagreements, or inability to work, such as long-term illness.  In such cases, it is wise to seek legal advice as you may be entitled to additional protection in the event of dismissal.

Termination process and contract

If your employer wants to terminate your permanent contract, then your boss or supervisor will tell you formally, often in the presence of a human resources representative.  At this point, or shortly after, they will present you with a termination contract.  Depending on the circumstances, you may be expected to continue working until the termination is completed or be sent home (immediately) after the meeting and not work any more.  This news may come as a shock.  The most important thing to do is not to make sudden decisions.

First, you should carefully read and check the termination contract.  The termination is not final until you agree and sign it.  If you have serious reasons to disagree with the contract, then don't sign it and seek legal advice instead.

 Please note that there is no time limit for checking the contract.  People usually need a few days to check the text and digest the news.  If the situation is more complex, then this period can extend to weeks or more.

Ask if the company is willing to offer you money to cover your legal fees for a lawyer to review the contract with you, this is a fairly common practice.

When reviewing the contract, you should check details such as:

• Reason for dismissal (if you are responsible, you may not be eligible for unemployment benefits).
• Final salary (until what date?).
• Payment of outstanding leave, bonuses or other benefits.
• Payment of compensation (if any).
• A non-compete clause (concurrentiebeding) that may restrict you from working for competitors for a certain period.
• The period of notice (opzegtermijn) your employer must give you before they want to terminate your contract depends on how long you have been with the company.

Period minimum notice period is one monthwhich applies up to five years of work.  If you work at a company for 5-10 years, it's two months and 10-15 years it's three months.  Your salary is still paid during the notice period.  If you are still on probation (proeftijd) or are dismissed on the spot, then no notice period is required.

Resignation from work

If you find another job in the Netherlands, move abroad or want to do something different (for example, start your own business or study), then you can resign (ontslag nemen).  

Note that companies usually specify the notice period for resignation in the employment contract: normally a month or more.  So, if you are planning to start a new job, make sure you inform your employer early enough to avoid delays with the job transition.

Applying for unemployment benefit

Depending on how long you have worked at your job and the nature of the redundancy, you may be entitled to unemployment benefit (WW-uitkering).  You need to claim unemployment benefit within a certain period of time of leaving your job, sometimes before the final date covered by your salary, so make sure you investigate the requirements as soon as possible.

Looking for a new job

Once you've recovered from the shock of losing your job, you can start thinking about the future.  You might need a break first to clear your head or you might start looking for a new job right away.  Whatever you choose to do, remember that change, while daunting, also brings opportunities.

 

Author: Loredana Tripp