What steps do you need to take for your rights upon dismissal?

If things are going badly for the country or specific industry, there is a good chance that people will be put out on the street for business reasons. This can also happen to you because your employer has to reorganize due to the poor results. This can lead to reassignment or transfer, retraining and potentially dismissal. What should you take into account if you are dismissed and what steps do you have to take upon dismissal to protect your dismissal rights?

Steps upon discharge

  • Reason for the dismissal
  • The termination agreement
  • Have it checked for legal action in the event of dismissal
  • Request WW
  • Training and courses
  • Clear application letter, CV and EVC
  • Network building
  • Job interview


Reason for the dismissal

According to the law, there are a limited number of reasons why an employment contract can be terminated. Normally a distinction is made between the following reasons for dismissal:

  • dismissal by mutual consent. This often involves dismissal by the employee within the statutory notice period, to which the employer can only agree;
  • dismissal by operation of law: the employment contract has been entered into for a specific period or a specific objective has been achieved. Once this has been achieved, the employment contract can be terminated;
  • fired immediately. The employee has done something unforgivable or inappropriate, which means they are immediately sent home. This is also the most drastic form of dismissal, because one is no longer entitled to unemployment benefits;
  • dismissal for business reasons. The company shows poor figures. To prevent bankruptcy, reorganization must take place with layoffs as part of the package.


The termination agreement

As soon as you are told that you are being fired, you will have to deal with the termination contract. This document forms the basis on which the employment contract is terminated. Because there is a dismissal for economic reasons, the employer commits a breach of contract. This must be compensated with severance pay. This compensation is usually determined by multiplying the last wage earned by the number of working years and a correction factor for age. It is the point of persuading you to leave. But don’t sign immediately, everything must of course be recorded correctly on paper. Have the termination contract checked for this purpose.

Have it checked for legal action in the event of dismissal

It is in your own interest to have the document checked by a lawyer. The employer no longer wants you and therefore your interests do not match those of the employer. It is checked whether the reason for dismissal has been correctly described and whether the severance payment has been approved. In addition, the statutory notice period must be taken into account. If you have been employed by a company for a long time, you can have a notice period of up to four months. This is calculated from the first of the following month after notification of dismissal. Furthermore, the non-competition clause may not be imposed, because it would jeopardize your interests. If everything has been approved by the lawyer, you can in principle agree to the dismissal. In the event of collective dismissal, a social plan often provides the option for reimbursement of these costs.

Request WW

As soon as the employment contract has been terminated, you can go to the UWV to qualify for benefits based on the termination contract. The unemployment benefit is 75% of your last earned wage for two months and 70% thereafter. In other words, you will be significantly worse off. To compensate for the benefit, you must also make an effort due to the job application obligation. You must have done an activity every week. You can also consider taking training so that you can better position yourself within the labor market.

Training and courses

In order to score additionally positively, you can consider taking a training or course so that you have better opportunities. This could be a course on applying for jobs, but it could also be a broadening of your overall knowledge. This way you can work on your future in a constructive way.

Clear application letter, CV and EVC

In the initial phase, the UWV will give you some advice on how to communicate effectively with companies to increase your chances. To do this you must:

  • have a job application letter: how to write a good persuasive letter that can attract the attention of a new employer;
  • a curriculum vitae or your CV that clearly describes your education and work experience;
  • a previously acquired competence certificate. This can be useful to emphasize other aspects of your working life, but also of your private life, in addition to the previous CV. It gives a better idea of your capabilities.

By showing the right combination of previous documents when applying, you can better position yourself on the labor market.

Network building

One way to gain better attention is to work on your network. This means that you can approach acquaintances about possible job opportunities. They also know someone, so you can find a suitable job through-via. The larger your network, the more chance you have of actually finding an interesting job at your level. Start building your network during your working life, so that you can quickly find new work.

Job interview

If you are invited for an interview, prepare well. Always look good and neat. Read the company’s documents and website carefully in advance and familiarize yourself with the position. Prepare questions and think about what people are going to ask you. It is important to appear decisive and convincing so that you can win that job. Also appear convincing by preparing questions and answers down to the last detail before the job interview.

read more

  • Being collectively dismissed: what are you entitled to?
  • Severance compensation, what to do with compensation in the event of dismissal?
  • Dismissal rights: what are you entitled to if you are dismissed?
  • I’m resigning! What are the consequences of resigning?