Best Hiring & Firing Lawyers in Delft

About Hiring & Firing Law in Delft, Netherlands

Employment law in Delft follows Dutch national rules that apply across the Netherlands. These laws regulate hiring, employment contracts, working conditions, wages, dismissal, sick leave, redundancy, reorganization and employee rights. Employers and employees are protected by a framework of statutory rules, collective labour agreements - commonly called cao - and case law from the courts. Local employers and employees in Delft also interact with national agencies and local services when they need help with employment matters.

Why You May Need a Lawyer

You may need a lawyer when the legal or practical stakes are high, the situation is complex, or your employer or employee is not cooperating. Common situations include:

• Unlawful or contested dismissal - you were dismissed and disagree with the reasons or process.
• Redundancy or reorganization - employer proposes collective dismissals or restructuring and you need to protect severance and other rights.
• Non-payment of salary, holiday pay or bonuses - employer refuses or delays wage payments.
• Discrimination, harassment or victimisation claims - protected grounds include pregnancy, disability, religion, age, gender and nationality.
• Long-term sickness and return-to-work disputes - disputes about continued pay, reintegration obligations and dismissal after illness.
• Wrongful use of fixed-term contracts or chain rule disputes - series of temporary contracts that should have become permanent.
• Contract drafting or review - employment contracts, restrictive covenants, non-compete clauses and secondment agreements.
• Works council and consultation disputes - major changes require consultation with employee representatives or the works council in medium and larger companies.
• Disputes about severance or transition payments - negotiating or enforcing the transitievergoeding or exit settlement.
• Immigration and work permit issues for international hires - residency and work authorisations may require legal assistance.

Local Laws Overview

Key legal aspects that affect hiring and firing in Delft are set by Dutch national law. Important points to understand include:

• Employment contracts - Contracts can be fixed-term or permanent. Terms may include probation periods, notice periods and restrictive clauses, but statutory minimum protections apply.
• Notice periods - The statutory notice period for an employee resigning is usually one month unless a different period is agreed. The employer's statutory notice period depends on the employee's length of service - for example, minimum employer notice periods increase with longer employment. Contractual notice periods may be longer but cannot reduce the employer's statutory minimum in many cases.
• Temporary contract - Chain rule - Repeated short temporary contracts can convert into a permanent contract when a legal limit is reached, commonly after a set number of consecutive contracts or a maximum total term. Short gaps between contracts count toward this rule.
• Probation period - A probation period may be agreed in the contract, but the law limits its length depending on the contract duration. No probation is allowed for very short contracts.
• Dismissal procedures - There are two main dismissal routes: permission from the Employee Insurance Agency - UWV - for economic reasons or long-term incapacity, or a request to the subdistrict court - kantonrechter - for other reasons. Employers must follow statutory procedures and may need a court or UWV decision to terminate a contract legally.
• Immediate dismissal - Employers may dismiss immediately for an urgent reason - ontslag op staande voet - but this requires a very serious breach and must be acted on promptly.
• Transition payment - When an employer ends the employment relationship, most employees are entitled to a transition payment - transitievergoeding - subject to exceptions.
• Sick leave and reintegration - Employers must continue paying a substantial part of salary during sick leave, normally for up to two years, and must cooperate in reintegration efforts. Failure to meet reintegration obligations can affect dismissal options.
• Collective dismissals and works council - For larger reorganizations, consultation with employee representative bodies or works council is mandatory. Collective dismissals have additional procedural rules.
• Anti-discrimination and special protections - Certain groups have strong protection against dismissal, including pregnant employees, new parents and those on parental leave.
• Collective labour agreements - A cao may add rights and obligations that supplement statutory rules for specific sectors or employers.

Frequently Asked Questions

Can my employer fire me without giving a reason?

No. Employers must follow statutory dismissal procedures and provide valid grounds for dismissal. Depending on the reason, the employer must obtain permission from the UWV or ask the subdistrict court to terminate the contract. Immediate dismissal without a valid urgent reason is usually unlawful.

What notice period applies when I am dismissed?

Notice periods depend on whether you or your employer give notice and on length of service. Employees often have a standard one-month notice period when resigning. Employers have statutory minimum notice periods that increase with the employee's length of service. Employment contracts or collective agreements may set longer notice periods but cannot undercut certain statutory protections.

Am I entitled to a severance payment when dismissed?

Most employees are entitled to a transition payment when the employer ends the employment relationship. The amount and entitlement can depend on the reason for dismissal, length of service and any contractual or collective agreement terms. Exceptions exist, for example in cases of dismissal for an urgent cause or bankruptcy, so check your situation with a specialist.

Can I be dismissed while pregnant or on parental leave?

Employees have strong protection against dismissal during pregnancy and maternity leave. Dismissal is only possible in exceptional circumstances and usually requires strong justification and, in practice, a court decision. Always seek immediate legal advice if you face dismissal while pregnant or on parental leave.

How do fixed-term contracts and the chain rule work?

Successive fixed-term contracts can automatically convert into a permanent contract when statutory conditions are met. The law sets limits on the number of successive temporary contracts and the total duration before an employer must offer an indefinite contract. Small gaps between contracts can count as continuity. If you suspect chain-rule issues, check your contract history and ask for legal advice.

What can I do if my employer does not pay my salary?

Non-payment of wages is a serious breach. First document missed payments, ask your employer in writing to pay, and keep payslips and correspondence. If unpaid, seek legal advice quickly. You may commence a claim at the subdistrict court and be able to obtain interim measures to secure unpaid wages. Trade unions and workers advice centres can also provide support.

What are my rights during long-term sickness?

During illness an employer usually must continue paying a substantial part of your salary for up to two years and must support reintegration. Both employer and employee have reintegration duties. After prolonged incapacity, an employer can apply for dismissal through the UWV for long-term disability, but only after reintegration obligations have been met.

How quickly must I act if I want to challenge a dismissal?

Procedural deadlines vary by the route used and the specific claim. Time limits can be short for certain appeals and procedural steps. For that reason it is important to seek advice promptly - ideally within days or a few weeks - to preserve your rights and meet any deadlines.

Do I have to go to court or can I use mediation?

Mediation is often a practical first step and can result in a negotiated settlement, while avoiding the time and cost of litigation. However, mediation is voluntary and not always suitable. If negotiation fails, claims can be brought before the subdistrict court or the UWV process may apply. An employment lawyer can advise whether mediation, negotiation or litigation is best in your case.

What local or government bodies can help me in Delft?

There are several national and local bodies that assist with employment issues: workplace inspectorates, social security agencies, municipal employment services and free legal advice outlets. If you are a union member, your union can provide advice and representation. For legal proceedings, an employment law lawyer or specialist mediator will provide tailored help.

Additional Resources

The following organisations and services are commonly useful when you need help with hiring or firing matters in Delft:

• The national Employee Insurance Agency - UWV - for claims related to unemployment and for certain dismissal permissions.
• Social Affairs and Employment Inspectorate - Inspectie SZW - for workplace safety, wage and working hours enforcement and discrimination complaints.
• Municipality of Delft - local employment and social services for support with income and reintegration into work.
• Juridisch Loket - free initial legal information and guidance for employees and employers.
• Trade unions - for example sector unions provide legal support and collective bargaining representation.
• Subdistrict court - kantonrechter - handles many employment disputes if settlement is not possible.
• Netherlands Chamber of Commerce - KVK - for employer obligations and starting a business.
• Legal Aid Board - Raad voor Rechtsbijstand - for information on eligibility for subsidised legal assistance.
• Professional employment law firms and mediators in Delft and the surrounding region for tailored legal representation.

Next Steps

If you need legal assistance with hiring or firing in Delft, follow these practical steps:

1. Collect and organise documents - employment contract, payslips, termination letter, correspondence, performance reviews, sick notes and any written warnings.
2. Take notes - record dates, conversations and events that relate to the dispute.
3. Seek initial advice - use free advice services or your trade union to get an early assessment of your position.
4. Act quickly - many employment procedures have strict time limits. Do not delay contacting a specialist.
5. Consider negotiation or mediation - often disputes can be resolved faster and with less cost by agreement.
6. Contact an employment law lawyer - choose a lawyer experienced in Dutch labour law and familiar with the procedures of UWV and the kantonrechter. Ask about fees, possible legal aid and likely outcomes.
7. Decide on strategy - with your adviser, weigh the options: settlement, mediation, UWV procedure, or court proceedings.
8. Prepare for next steps - if litigation is necessary, your lawyer will prepare the claim and support you through hearings and any appeals.
9. Protect your future - consider tax, benefit and reference implications of any settlement or dismissal and get advice on re-employment and training options.

Employment disputes can be stressful, but understanding the basic legal framework and acting promptly improves your chances of a fair outcome. If you are unsure where to start, obtain an initial consultation with a specialist employment lawyer or an accredited advice service in Delft to identify the best route for your situation.