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*|VANHETRECHT
Ezinge, Netherlands

Founded in 2011
1 person in their team
English
VANHETRECHT is a Dutch law firm led by attorney Janet Borgdorff, with a primary focus on employment law and health law. The firm advises and represents both employers and employees on legal issues arising from employment relationships, workplace disputes and the regulatory framework surrounding...
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When a dismissal in Ezinge may be legally challengeable

Employment disputes in Ezinge are governed by Dutch employment law, whether the employer is a local business, care provider, agricultural enterprise, hospitality business, or public-sector organisation. The main questions are whether a valid dismissal route was used, whether the employer had a legally recognised reason, and whether the correct compensation and notice rules were followed.

For dismissals based on redundancy or long-term incapacity, the employer will usually need permission from the UWV. Other grounds, including performance, misconduct, a damaged working relationship, or a combination of grounds, generally go before the subdistrict court. A settlement agreement is another common route, but it should be reviewed before signing.

Ezinge lies in the municipality of Het Hogeland in Groningen province. An employment lawyer can assess the documents, communicate with an employer in the region, and bring proceedings before the competent subdistrict court of the District Court of Noord-Nederland when necessary.

Why you may need an employment lawyer

  • You received a settlement agreement. An employer in Ezinge or elsewhere in Het Hogeland may offer a termination agreement instead of starting UWV or court proceedings. Legal review can address the termination date, notice period, transition payment, final salary, unused leave, references, and any waiver of claims.
  • You are dismissed during illness. Dutch law generally restricts dismissal during the first 104 weeks of incapacity for work, subject to exceptions. A lawyer can examine whether the employer followed reintegration duties and whether a statutory exception applies.
  • Your job is said to be redundant. A reorganisation may require objective selection rules, suitable alternative work, and the correct UWV procedure. This is particularly important where an employer has several establishments or related companies in Groningen.
  • You are accused of poor performance or misconduct. Employers normally need evidence, warnings or improvement opportunities where appropriate, and a fair opportunity to respond. A lawyer can challenge an unsupported dismissal or negotiate an appropriate exit.
  • You suspect discrimination or retaliation. Dismissal connected to pregnancy, disability, religion, age, nationality, sex, union activity, or reporting wrongdoing can raise additional legal issues. Time-sensitive advice may preserve claims that could otherwise be waived in a settlement.
  • Your fixed-term contract was ended early or not renewed. The contract may contain an interim termination clause, a notice requirement, or a written renewal notification obligation. A lawyer can calculate whether wages, compensation, or a transition payment is owed.

Dutch laws that govern dismissal disputes

Dutch Civil Code, Book 7, employment provisions. Articles 7:669 and following set out the closed grounds and routes for dismissal, while related provisions address notice, transition compensation, settlement agreements, and court proceedings. Article 7:686a contains important time limits, including the usual three-month period for seeking court relief against dismissal.

Wet werk en zekerheid (Work and Security Act). This reform introduced the modern dismissal system and took effect in stages, with major dismissal provisions applying from 1 July 2015. It established the division between UWV proceedings and subdistrict-court proceedings and introduced the statutory transition payment framework.

Wet arbeidsmarkt in balans (Balanced Labour Market Act). Most of this Act took effect on 1 January 2020. It changed rules on cumulative dismissal grounds, flexible employment, fixed-term contracts, and the calculation and availability of transition compensation.

Other rules may also matter, including the General Equal Treatment Act, the Working Conditions Act, and collective labour agreements. The applicable collective agreement may set additional consultation, notice, or redundancy requirements.

Frequently asked questions

Can an employer in Ezinge dismiss me without a court order?

Not usually, unless the employer uses a lawful route such as UWV permission, a settlement agreement, dismissal during the probationary period, or immediate dismissal for an urgent reason. The required route depends on the stated reason for termination.

How long do I have to challenge a dismissal?

Many dismissal claims must be filed with the subdistrict court within two months after the employment ends. Other employment claims have different limits, and a claim concerning a settlement agreement may follow different rules, so prompt legal advice is important.

Can I refuse to sign a termination agreement?

Yes. A termination agreement is voluntary, and refusing to sign does not itself end the employment contract. The employer may then need to use the UWV or court route, depending on the reason for dismissal.

What is the cooling-off period after signing a settlement agreement?

An employee normally has 14 days to withdraw from a settlement agreement without giving a reason. If the agreement does not state that cooling-off right, the period is generally 21 days.

Am I entitled to a transition payment?

Usually, an employee is entitled to a statutory transition payment when the employer ends the employment or chooses not to continue it, subject to legal exceptions. The amount depends mainly on salary and the length of employment, and the calculation should include relevant fixed wage components.

Can I be dismissed while I am on sick leave?

Dutch law generally protects an employee from dismissal during the first 104 weeks of illness. Exceptions can apply, including certain situations involving business closure, failure to cooperate with reintegration, or dismissal for an unrelated urgent reason.

What if my employer says my performance is inadequate?

The employer generally needs to explain the shortcomings, give reasonable feedback, and provide a genuine opportunity to improve. The assessment also considers the employee’s role, length of service, training, warnings, and whether suitable reassignment was considered.

Can a fixed-term contract be ended before its expiry date?

Early termination is generally possible only if the contract contains a written interim termination clause or both parties agree. If the employer ends it without a valid basis, the employee may claim compensation for the remaining contractual period, subject to statutory limits.

What happens if the employer starts a UWV procedure?

The UWV may assess redundancy or long-term incapacity grounds and invite the employee to respond. The employee can submit evidence, challenge the employer’s reasoning, and may bring a court claim if dismissal follows and the legal requirements were not met.

How much does an employment lawyer cost in the Netherlands?

Lawyers may charge an hourly rate, agree a fixed fee for reviewing documents, or offer a staged arrangement for negotiation and proceedings. Ask for the VAT-inclusive estimate, likely time commitment, court fees, and whether the employer may be ordered to pay any costs.

Could I qualify for subsidised legal aid?

Eligibility for subsidised legal aid depends mainly on income, assets, and the type of assistance required. The Raad voor Rechtsbijstand applies the financial conditions, and the applicant usually pays a contribution even when legal aid is granted.

Will challenging dismissal affect my unemployment benefit?

Potentially. The wording and termination date in a settlement agreement can affect whether the employee is considered to have caused the unemployment and whether notice requirements were respected. An employment lawyer should check the agreement before it is signed and advise on an application to the UWV.

Official resources for employment disputes in Ezinge

  • UWV: The Employee Insurance Agency handles dismissal-permission applications for redundancy and long-term incapacity and administers unemployment benefits. It also provides information about employment insurance and work-related procedures.
  • Rechtspraak, including the District Court of Noord-Nederland: The Dutch judiciary provides information about subdistrict-court employment cases, filing procedures, hearings, and court fees. Employment disputes from Ezinge generally fall within the Noord-Nederland court district.
  • Juridisch Loket: This publicly funded legal information organisation provides initial legal information and can indicate whether a person may qualify for subsidised legal assistance. It is not a substitute for representation in a complex dismissal dispute.

How to find and hire the right lawyer

  1. Act immediately. Save the employment contract, payslips, dismissal letter, settlement proposal, performance records, emails, sickness documents, and applicable collective labour agreement. Contact a lawyer as soon as dismissal is threatened, and urgently if a two-month court deadline may apply.
  2. Identify the dismissal route. Ask whether the employer is pursuing UWV permission, court proceedings, immediate dismissal, or a settlement agreement. The route determines the evidence, deadline, and available remedy.
  3. Shortlist employment-law specialists serving Groningen and Het Hogeland. Check experience with dismissal, UWV cases, settlement agreements, illness, discrimination, and collective labour agreements. Confirm that the lawyer represents employees if that is the required perspective.
  4. Arrange an initial assessment. Provide the key documents and ask for an early view of the legal position, deadlines, likely strategy, and whether urgent protective action is needed. A useful first review should distinguish strong claims from issues that require more evidence.
  5. Compare the fee arrangements. Obtain written information about hourly rates or fixed fees, VAT, court fees, travel costs, negotiation stages, and possible legal-aid eligibility. Confirm who will conduct any UWV or court work.
  6. Protect benefits and income. Do not stop attending work, signing in, or cooperating with lawful reintegration obligations without advice. If employment ends, check the unemployment-benefit position and application timing with the UWV.
  7. Give written authority and set the strategy. Once a lawyer is selected, agree the objectives, settlement limits, communication method, and next deadline. The lawyer can then respond to the employer, negotiate, or begin the appropriate UWV or court procedure.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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