UWV Dismissal Approval Procedure in Westland

The UWV approval procedure is a fundamental aspect of Dutch employment law and is mandatory for employers in Westland who wish to dismiss an employee at their own initiative, such as due to business economic reasons or long-term illness. This procedure safeguards employees' rights in regions like Westland, where horticulture and logistics sectors frequently undergo restructuring, and ensures independent review by the UWV. It does not apply to dismissals for misconduct, which are handled by the District Court of Westland.

What Does the UWV Approval Procedure Involve in Westland?

Under the UWV approval procedure, an employer in Westland must submit a dismissal application to the Dutch Employee Insurance Agency (UWV) when the district court is not the appropriate route—such as in cases of sectoral decline in local horticulture or after two years of illness. The UWV assesses whether the dismissal is reasonable and whether rules like the mirror principle—which protects older employees—have been followed. Without approval, the dismissal is invalid, and the employee in Westland can seek assistance from the Westland Legal Helpdesk to challenge its validity.

This regulation prevents unfair dismissals and protects local workers in a region with significant seasonal employment. Small businesses in Westland (with up to 25 employees) may be exempt from mirroring requirements, but UWV approval remains essential. The process typically takes 4 to 8 weeks, depending on the case.

Legal Basis of the UWV Approval Procedure

The UWV approval procedure is governed by the Dutch Employment Contracts Act (Wet Werk en Zekerheid, WWZ) and the Dutch Civil Code (BW). Key provisions include:

Article 7:669(1) BW: Requires employers in Westland to seek UWV approval for dismissals based on non-personal grounds, such as economic contraction in flower cultivation.
Article 7:671 BW: Outlines the procedure for dismissals after two years of illness, emphasizing reintegration efforts within the Westland labor market.
Article 7:670 BW: Addresses fairness criteria, including severance payments and compliance with local collective labor agreements (CAOs).

The Simplification of Employment Law Act (Wwz) replaced the old permit system with this approval process in 2015. The UWV considers CAOs and the Works Council Act (WOR) for advisory input. In case of violations, an employee can claim damages through the District Court of Westland, and the Westland Legal Helpdesk offers free initial assistance.

Steps in the UWV Approval Procedure for Westland

The UWV approval procedure follows a clear process tailored to Westland’s practical context. Overview:

Employer Preparation: Attempt internal relocation, such as within a Westland horticulture group, or offer alternative employment. In restructuring cases, mirroring applies to protect older workers.
Submitting the Application: File through the UWV portal with documents like a social plan, works council advice, and mirroring calculations. Submit at least one month before the dismissal date, accounting for local seasonal factors.
Hearing: The UWV consults the employee, typically via phone or in The Hague, but with the option for local support through the Municipality of Westland. The employee can raise objections and present evidence.
Assessment and Decision: A decision follows within four weeks. Approval grants dismissal authority; rejection allows for an objection within six weeks to the administrative court.
Executing the Dismissal: Terminate with approval, including notice periods and transition payments. The Westland Legal Helpdesk assists in verifying compliance.

Incorrect execution may lead to annulment by the District Court of Westland, with backpay up to reinstatement.

Practical Examples of the UWV Approval Procedure in Westland

Consider a horticulture company in 's-Gravenzande undergoing restructuring due to rising energy costs. The employer seeks to dismiss three employees for economic reasons and submits a UWV application with mirroring data. After a hearing, the UWV approves the dismissal without discrimination, and the affected employees receive transition payments and unemployment benefits.

Or: A logistics worker in Naaldwijk has been ill for two years following a workplace accident. The employer requests UWV approval after reintegration attempts, such as a trial placement in a nearby greenhouse. If approved, the contract ends while preserving disability benefits and Westland Legal Helpdesk advice.

In a negative case: An employer in Poeldijk ignores works council advice for alleged misconduct and seeks UWV approval. The application is rejected, and the employee wins three months’ salary in damages from the District Court of Westland.

Rights and Obligations in the UWV Approval Procedure

Employee Rights in Westland

Right to a Hearing: Present your case and evidence, with support from the Westland Legal Helpdesk.
Right to Transition Payment: ⅓ of monthly salary per year worked upon dismissal.
Right to Unemployment Benefits: After registration, provided conditions are met.
Right to Appeal: Submit objections within six weeks to the administrative court via the District Court of Westland.

Employer Obligations

Reintegration Efforts: Minimum 104 weeks, with UWV reporting, aligned with Westland’s sectors.
Compliance with Mirroring Principle: Except for small local businesses.
Offer Alternative Work: Before submitting the application.

For a comparison between UWV and district court procedures in Westland, consult the Westland Legal Helpdesk for personalized advice.

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