Employees

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The employee has a special position when it comes to a labour dispute or dismissal. A permit is always necessary. This gives the opportunity to put up a defence. A neutral dismissal commission UWV (the ‘UWV Werkbedrijf’) or a subdistrict court judge decide whether the dismissal is lawful. Apart from this the judge decides on a severance pay. A dismissal commission does not decide this, they only decide on the permit. In an apparent unfair dismissal proceeding the subdistrict court judge decides on the right to severance pay. There is an extensive dismissal practice. It is apparently worth it as it is almost impossible for employers to comply with the requirements of ‘good employment practice’.

As it happens, when the contents are compared by the UWV or subdistrict court judge the dismissal is subject to a judicial review of the ‘lawfulness’, the ‘reasonableness’ or the ‘fairness’. The subdistrict courts formula is not a right but a guideline. The proceedings, on the other hand, are a ’nuisance’. Employees make a big mistake if they turn to legal assistance too quickly. A dismissal decision resolves the lawfulness of the dismissal, the due care and balance between the reciprocal culpability and the applicability and amount of the severance pay. So in effect two elements: the dismissal date (time) and the severance pay (financial compensation).