Is an oral dismissal valid?

Questioner

My husband's employer called today and unfairly attacked him. He repeatedly told my husband that he wanted to get rid of him and fire him. The conversation was recorded. Is his employer now also obliged to put the dismissal in writing? Or can he still force my husband to come to work despite the employer's statements?

Lawyer

It is not mandatory to put the employer's dismissal in writing, but it is advisable. An oral dismissal is valid in principle, but difficult to prove for example for the employer. He will have to observe the notice period if he wants to continue the dismissal. Despite the statements, he can also decide to go back on this. Incidentally, an employer cannot simply terminate the employment contract. This will have to be assessed by the UWV or the subdistrict court. If there is a threat of a legal dispute, I advise your husband to contact me/our network as soon as possible to discuss the matter further. The first half hour is free.

Lawyer

There is no talk of dismissal yet. There is a threat of dismissal. It is wise to protest in writing against the employer's conduct (keep a copy/proof). If the employer continues to be annoying/difficult, contact a specialized labor law attorney (member of the specialist association) as soon as possible, e.g. me. Often the first consultation (max. half an hour) is free, such as at my office.