I have a permanent position and I have heard that I am being fired

Questioner

Situation: I have a permanent position and I have heard that I am being fired. On 30-11-2021 my dismissal was communicated verbally (nothing on paper), with a notice period of one month, 31-12-2021 is my last working day according to my employer. I have to leave for economic reasons. The company is doing badly financially. My employer has not yet received permission from the UWV to dismiss me. 02-12-2021 My employer has handed me a termination agreement, he asks me to sign it. It contains completely different reasons for my dismissal (complete untruths). He offers me 2 months' salary (January and February) with which I am exempt from working, according to him that is the end of it. I do not intend to sign this termination agreement because of the untruths and the 2 monthly salaries that seem like 'tips'. In addition, I have 2 colleagues who have worked there for a shorter period and are younger. We can take over most of the tasks from each other, but each has his own 'specialization'. These specializations are very broad and overlap. Isn't my employer obliged to fire one of my colleagues first? I myself am thinking of having him submit the dismissal application via the UWV. His verbal notification of dismissal is not legally valid, this must be on paper and signed by me. Since applying for a dismissal permit from the UWV can be a long process, this route seems to me to have the most advantages. My employment will not be terminated, I will remain employed, so I will continue to receive payment. What is your advice in this? PS I don't have legal expenses insurance. Yours sincerely,

Lawyer

The employer must terminate a permanent appointment in writing and you must agree. If you have been employed for less than 5 years, the notice period is 1 month. Since this was not done in writing, the agreement cannot end on December 31, 2021. It is remarkable that the employer gives different versions regarding the reason for the dismissal. If you do not agree, the employee will have to apply for dismissal via the UWV or the court (this can take some time). Specific rules can then apply as to who should be 'dismissed' first. It all always depends on the circumstances of the case and without further information it is difficult to give a more concrete answer. You can be assisted by a lawyer in employment matters. A lawyer is usually cheaper than a lawyer. Please feel free to contact me if you have any further questions or require legal assistance.

Lawyer

Good afternoon, In addition to what has already been noted above, it is important to inform your employer that you are and will remain available for your work and that you cannot agree to the intention to terminate. If you wish to reach a termination agreement, it is important that the grounds for dismissal are correctly stated in the context of securing a possible future application for unemployment benefits. In the context of these negotiations, it is advisable to seek advice on the feasibility of granting a dismissal permit. The amount of the termination compensation can be determined partly depending on this. If you would like advice, you can of course contact the office. Yours sincerely, mr. LAE Timmer