Severance pay and UWV: What you need to know

Questioner

Dear, My question is whether you can enforce a severance payment via the subdistrict court formula in the event of dismissal due to (serious) economic circumstances and a dismissal application by the employer to the UWV employment agency? I have a permanent employment contract.

Lawyer

You cannot enforce any severance pay at the UWV. The UWV only decides on the question of whether a dismissal may be given. A severance pay only comes into play if dismissal (called dissolution) is requested via the subdistrict court. However, if you are dismissed via the UWV, you can try to obtain compensation via a separate procedure at the subdistrict court. This is the so-called manifestly unreasonable dismissal procedure. However, the subdistrict court formula is not used in this procedure, but if the judge is already of the opinion that the dismissal is manifestly unreasonable, he must look more at your actual damage.