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Wrongful termination in Schiedam is governed by Dutch employment law, which protects employees from unfair or unlawful dismissal. In practice, employers must show a valid ground for termination and follow a formal procedure. If the employer terminates without proper grounds or without the required permission or court order, the dismissal can be considered wrongful or unlawful. In Schiedam, as in the rest of the Netherlands, employees may challenge a dismissal at the kantonrechter (trial court) within the district of Rotterdam, which handles cases for Schiedam residents.
Two common paths exist for dismissals: dismissal via UWV (the Employee Insurance Agency) for many non-personal grounds, and dismissal via the cantonal court (ontbinding) for personal grounds or when the employer seeks a court ruling. The process emphasizes procedural fairness, such as timely notice, warnings, and opportunities to improve performance where applicable. Understanding these pathways helps residents of Schiedam determine whether a termination was lawful and what remedies may be available.
Key concepts you will encounter include the transition payment (transitievergoeding) for employees with two or more years of service, and the distinction between termination (opzegging/ontslag) and termination by court (ontbinding door de kantonrechter). These elements shape both the employer's duties and the employee's potential remedies in Schiedam cases.
Sources indicate that Dutch dismissal rules require either UWV approval or a court ruling, with the transition payment introduced under WWZ to protect employees after termination.
To protect your rights after a dismissal in Schiedam, consult a lawyer when complex legal questions arise or you face a dispute with your employer. A lawyer can identify procedural flaws, evaluate grounds for dismissal, and determine the best route to challenge the termination. Early legal advice is especially important in Schiedam due to the local court practices in the Rotterdam district.
Scenario 1: Your employer terminated you for a supposed economic reason but did not obtain the required permission from UWV, or the reasons cited do not meet the statutory criteria. A lawyer can assess whether the ground for dismissal is valid and whether the employer complied with the correct process.
Scenario 2: You are dismissed while on sick leave or pregnant, and you believe the termination violates protections against sickness or pregnancy discrimination. A solicitor can argue that such dismissals are unlawful and pursue appropriate remedies.
Scenario 3: You received a dismissal offer with a settlement that is disproportionately favorable to the employer. A legal professional can evaluate whether the settlement adequately compensates you for all rights, including the transition payment if applicable, and whether a court challenge is more appropriate.
Scenario 4: Your fixed-term contract ended before its expiry and your employer claims it was not a renewal but a dismissal. A lawyer can examine the contract structure and Dutch rules on contract termination to determine proper treatment and potential entitlements.
Scenario 5: You believe you did not receive the correct transition payment after a lawful dismissal. A lawyer can calculate the correct amount and pursue payment through the appropriate legal channel in Schiedam.
Scenario 6: Your employer announces a workforce reduction and you fear your position is at risk due to a local restructuring. An attorney can help you understand whether you qualify for protective measures and how to challenge any improper dismissals.
Two major statutes govern wrongful termination in the Netherlands and affect Schiedam residents: the Wet Werk en Zekerheid (WWZ) and the Wet Arbeidsmarkt in Balans (WAB). Together with the Civil Code provisions in Boek 7, these laws shape grounds for dismissal and remedies available to employees.
Wet Werk en Zekerheid (WWZ) introduced key protections in 2015, including the transition payment (transitievergoeding) and stricter rules for dismissal. The WWZ requires that employers either obtain UWV permission for dismissal on economic grounds or seek a court ruling for other grounds. It also clarifies notice periods and other procedural steps that must be followed in Schiedam and nationwide.
Wet Arbeidsmarkt in Balans (WAB) came into effect on 1 January 2020 and refined rules on fixed-term contracts, temporary agency work, and related dismissal procedures. WAB affects the calculation of entitlements and limits the use of temporary contracts, which in turn impacts how wrongful terminations are evaluated in practice in Schiedam and across the Netherlands.
Burgerlijk Wetboek Boek 7 - Arbeidsovereenkomst Articles 7:669 to 7:671 govern the possibility of dismissal by the employer or by the court, including the grounds for termination and the process for an ontbindingsverzoek (request for dissolution by the kantonrechter). These provisions anchor how a termination must be procedurally and substantively justified, with specific timelines and standards that apply nationwide, including Schiedam.
Local jurisdiction note for Schiedam: Dismissal disputes involving Schiedam employees or employers are typically heard by the kantonrechter within the Rotterdam district, or by the Rechtbank Rotterdam for more complex matters. Local practice may influence scheduling and document submission, so engaging local counsel early is advised.
Recent developments indicate ongoing refinements to procedural timelines and damages calculations under WWZ and WAB, with a growing emphasis on transparent documentation and timely court actions in Schiedam and the Rotterdam district.
Wrongful termination refers to dismissals that do not meet statutory grounds or procedural requirements. A standard dismissal may be lawful if the employer follows the rules and obtains the necessary permission or court order. A wrongful termination claim challenges both grounds and process.
Start by consulting a Dutch employment lawyer who can assess grounds and timing. If you have a prima facie case, the lawyer will help you file a claim with the kantonrechter in Rotterdam and prepare supporting documents.
Time limits are strict; typically you must act within two months of the dismissal or the date you became aware of it. Missing deadlines can bar your claim, so urgent legal advice is essential.
The transition payment (transitievergoeding) compensates employees with at least two years of service when dismissed. The amount is calculated on a statutory formula and varies with length of service and salary.
A lawyer is not mandatory, but legal representation improves your chances and helps navigate Dutch procedures. A local Schiedam or Rotterdam employment lawyer understands regional court practices and deadlines.
Opzegging is termination by the employer with notice. Ontbinding is a court-ordered dissolution of the employment contract, typically after the employee challenges the dismissal in court.
Yes, dismissals based on sickness or pregnancy are strongly scrutinized and often unlawful. A lawyer can help you argue protections under Dutch anti-discrimination laws and WWZ provisions.
Case duration varies, but most claims proceed over several months. A lawyer can estimate timelines based on current caseloads and court schedules in Rotterdam.
The court can reinstate employment or order compensation, including the transition payment, and sometimes damages for breach of contract or discrimination.
Temporary or fixed-term contracts may have distinct rules under WWZ and WAB. A lawyer can advise on whether your termination leveraged proper grounds and contract terms.
Document all communications, performance feedback, warnings, and any communications related to the dismissal. Your lawyer will help organize a formal case file with these records.
Lawyer fees vary, but common structures include hourly rates or fixed retainers. Some firms offer initial consultations for a reduced fee or free if certain conditions apply.
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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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