UWV Dismissal Procedure in Westland

For dismissal due to business economic reasons or long-term disability, an employer must obtain permission from the UWV.

When is UWV permission required?

• Business economic grounds (such as reorganisation or financial problems)
• Long-term illness (after 2 years of incapacity for work)

Steps in the Procedure

1. Submitting the application: The employer applies for dismissal with the UWV
2. Employee's response: The employee has 14 days to submit a defence
3. Additional round: If necessary, the UWV asks additional questions
4. Decision: The UWV makes a decision within 4-8 weeks

What after approval?

Upon approval, the employer can terminate the contract observing the notice period (minus the time of the UWV procedure, with a minimum of 1 month).

Filing an objection

Against the UWV decision, a petition may be filed with the subdistrict court within 2 months, for example at the District Court of The Hague.

Legal basis: Dismissal rules, Article 7:671a DCC

Frequently asked questions about dismissal in Westland

What are my rights as an employee in Westland?

You are entitled to a safe workplace, fair pay, vacation days with continued salary, and protection against discrimination or unfair treatment.

Can my employer dismiss me without reason?

No, UWV permission is often required for dismissal and there must be valid reasons. Prior warnings are usually required.

How many vacation days do I get per year?

You are entitled to at least 20 paid vacation days per year, unless your employment contract states otherwise. A request for leave must be honoured.

What is a collective labour agreement and how does it affect me?

A CLA (collective labour agreement) is a set of agreements between employers and trade unions on matters such as salary, working hours, and other terms of employment.

What if I become ill?

In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of incapacity for work.

Specific questions about UWV dismissal

When must an employer involve the UWV for dismissal?
An employer must apply for UWV permission for dismissal on business economic grounds (such as a reorganisation) or long-term illness (after two years). Dismissal without this permission is invalid. As an employee, you can always respond in writing to the application.

How long does a dismissal procedure via UWV take?
The procedure usually takes 4 to 8 weeks. After the employer's application, you as the employee have two weeks to respond. Additional questions from the UWV may extend the duration.

What if the UWV approves my dismissal?
If approved, you can appeal to the subdistrict court within two months, for example the District Court of The Hague. In addition, a minimum notice period of one month applies after deduction of the procedure time. Legal advice from, for example, the Legal Counter Westland can help.

Am I entitled to a dismissal compensation via UWV?
A transition payment is not standard in UWV dismissal, but may be awarded in case of employer negligence, such as failure to comply with the redeployment obligation. Consult a lawyer in Westland for more information.

What if I disagree with my employer's response to my defence?
If you disagree, you can indicate this to the UWV. They take all input into account and may hold an additional round for more information. Ensure you have a strong file with evidence.

How does the notice period work after UWV approval?
The notice period starts after approval and is at least one month, depending on your contract or CLA. The time of the UWV procedure is deducted from the total period.

What if my employer threatens dismissal without UWV permission?
If your employer threatens dismissal without a UWV procedure, contact the Legal Counter Westland for advice on your rights and possible steps.