Dismissal permit
In case of economic reasons or long-term disability, the UWV (Employee Insurance Agency) can be asked for permission to terminate the employment contract. The UWV will then issue a so-called dismissal permit.
Economic reasons (a-ground)
This concerns, for example, work reduction, organisational and/or technological changes, a (partial) cessation of business operations, see also business economic reasons. For the application, you must use forms prescribed by the UWV, which can be downloaded from the UWV website. The application consists of 3 parts: A, B and C. See:
Long-term disability (b-ground)
An employee's long-term illness may be a reason to terminate the employment contract. The requirements for this are:
- The employee can no longer do his job due to illness or disability.
- The employee is unable to recover within 26 weeks and does not do his own work or work in a modified form.
- The employee cannot be re-employed - with the help of training - in another suitable position within 26 weeks.
- The employer is no longer obliged to continue to pay wages due to illness (usually 2 years).
For a more detailed explanation please read: long-term disability
For this dismissal application, you must also use a prescribed form: Application for Dismissal for a Long-Term Disability
The UWV sends a copy of the application from the employer to the employee. The employee may submit a defence within a period set by the UWV. The UWV assesses the arguments and makes a decision.
The processing of a complete application takes about 4 weeks. Is an extra round of hearing and examination necessary? Or is an (expert) opinion required? Then it will take longer.
The UWV's decision can be appealed by submitting the case to the subdistrict court within two months.
Transition allowance
In principle, the employee is entitled to financial compensation, the so-called transitional allowance , upon dismissal if he has been employed for 2 years or more.
See also
Lawyer
Although a lawyer is not obligatory in these proceedings, it is advisable to seek expert advice in advance and to be assisted by a lawyer.
