Fired with a Permanent Contract? Discover Your Rights!

Questioner

I was fired today because there is not much work at the moment but I have a permanent contract can they just fire me?

Lawyer

An employer cannot simply fire you. The employer has various ways to undermine the employment contract: 1) By means of a settlement agreement; - You have to agree with this 'dismissal'. Always have the agreement checked, so that you know for sure that you are entitled to unemployment benefits and that the severance payment is correct and that kind of thing. - You must agree with the employer for this option. 2) Via UWV: - The employer can apply for a dismissal permit for you. UWV must make a decision about this and you may defend yourself. This is only possible for business economic reasons or if there are personal reasons. 3) The judge: - The employer can start a procedure with the court. You also have the possibility to defend yourself against this. In short: the employer cannot simply fire you. If you resign or agree to this dismissal, you will not be eligible for unemployment benefits (unless everything is legally well-established in an agreement). It is therefore wise to take action against your 'dismissal'. If you have any questions, please let me know.

Lawyer

The employer can only terminate your employment if he obtains a dismissal permit from the UWV (in which case there is in principle no right to any compensation). He can also go to the subdistrict court and then, if the court does indeed terminate the agreement, there may be a severance payment. A third way is a termination by mutual consent, in which case there is also room for compensation in principle. In any case, you should not simply agree to anything and protest your dismissal and employment by registered letter and demand continued payment of wages; it is best to hire a lawyer to help you with this and, if necessary, also file a wage claim. Labor law is my specialty and I am happy to help you with this. Please feel free to contact me without obligation.