Dismissal: what to look out for in 2026?

1. Business reasonsFor example, in the case of a reorganisation or financial difficulties
2. Long-term disability: after 2 years of illness
3. Frequent absenteeism: with serious consequences for the company
4. Dysfunctionunderperforming despite improvement plan
5. Culpable actionssuch as theft or fraud
6. Industrial disputerelationshipirreconcilable conflict
7. Work refusaldue to serious conscientious objection
8. Other circumstancessuch as a prison sentence, for example

There is still a ninth ground, and it is a bit more complicated, namely the cumulation ground.

This is a combination of several grounds for dismissal which together are sufficient for dismissal.

Before your employer can dismiss you, the UWV or the sub-district court must first grant permission for the dismissal. This is also called the preventive check mentioned. They check whether:

• There is a valid reason for dismissal
• Relocation within the company is not possible.
• The correct procedures were followed

Please note: your employer does not have to go to the UWV or the sub-district court in the event of dismissal by mutual consent. We will tell you more about this now.

The manner of dismissal therefore differs from the grounds for dismissal and concerns the legal procedure that must be followed to give the dismissal 'legal force'. In other words: your dismissal is lawful.

The manner of dismissal determines how the dismissal process should be legally completed.

Your employer can use the following methods of dismissal:

For certain grounds for dismissal, your employer must go to the UWV:

• Redundancy
• Dismissal long-term incapacity

There, the UWV objectively assesses whether all conditions are met to dismiss you. This procedure usually takes between 4 and 8 weeks, depending on how busy the UWV is.

For other grounds for dismissal, your employer must go to court:

• Dysfunction
• Disturbed employment relationship
• Culpable actions
• Frequent absenteeism

You could also, of course resign yourself. Solve this:

• You usually have a 1-month notice period.
• You are not entitled to WW benefit
• You won't get any transition allowance
• Write a clear Resignation letter

In many cases, we recommend aiming for a settlement agreement. Of course, it entirely depends on your current situation. Do you find it difficult to assess this? We are also happy to help you with this, free of charge and without obligation.

One of the most common questions we are asked almost daily in our legal practice is: "Can you also be dismissed if you are ill?"

The answer is nuanced and not always straightforward.

For the first 2 years of your illness, a Dismissal ban. Your employer may not simply dismiss you during this period. However, there are some exceptions:

• You are not cooperating. reintegration
• You called in sick after the Dismissal procedure is deployed by your employer
• There is a dismissal with immediate effect (meaning: the dismissal was initiated for other reasons)

After 2 years of illness, the dismissal ban expires. Legally, your employer can then dismiss you. For this, your employer must apply for dismissal from the UWV. The UWV will then check whether all conditions have been met:

• You will not be able to return to your own work within 26 weeks.
• Redeployment to other suitable work within the same company is not possible
• The reintegration at your work went well

Na het ontslag heb je, net als andere mensen die worden ontslagen door hun werkgever, recht op een uitkering. transition allowance, unless your employer can demonstrate that you have not co-operated sufficiently with your reintegration.

In many cases, your employer can have the costs of the redundancy payment reimbursed by the UWV.

At frequent short-term absenteeism can your employer also request dismissal? This is only permitted if:

• The absence seriously harms the company (economically or organisationally)
• Absenteeism is not due to poor working conditions
• Improvement is not expected within 26 weeks.

In your probation different rules apply. Then there is:

• No prior assessment by the UWV required
• No notice period (meaning: your employer can dismiss you every day)
• Dismissal is allowed without a valid reason
• You do have the right to a transition allowance. This is because you accrue transitional compensation from the first day of employment (note: this will not be a large amount)

Your employer cannot set your probationary period themselves. This is legally regulated:

• Maximum 1 month with contract 6 months - 2 years
• Maximum of 2 months with a contract of 2 years or more
• Must be agreed in writing
• Applies equally to both parties

At reorganisation Financial difficulties may force your employer to make staff redundant. These are valid business economic reasons your employer can cite to carry out a reorganisation. Please note: strict rules apply here too.

• Financial problems: the company faces a significant drop in turnover or loss
• Reduced workloadthe company notices there are considerably fewer orders or customers
• Organisational changesTo be future-proof, a new organisational structure is needed
• Technological innovationthere's automation, which means your work will become obsolete, for example, the use of AI
• Business relocation: the company is relocating and your deployment is too far for daily travel
• Termination of businessthe company is closing or there is talk of bankruptcy

The transition allowance is required by law upon dismissal. In 2025, it will be:

• 1/3 monthly salary per year of service
• There is always a a maximum which is set annually (or: 1 year's salary if that is higher)

On top of the transitional allowance, you can often get a Negotiate an extra fee. This depends on:

• The circumstances of your dismissal
• Your negotiating position
• Mistakes your employer made during the dismissal process
• Not unimportant: your chances on the job market

In onze dagelijkse juridische praktijk is er in 95% van de gevallen van de vaststellingsovereenkomsten die wij controleren nog ruimte om te onderhandelen met je werkgever.

We therefore always recommend having your settlement agreement checked. This can be done entirely free of charge and without obligation, throughout the entire process.

You pay tax on your transition payment and redundancy payment tax. The tax authorities have made an exception, and the amount is tax-exempt up to €35,000. Above that, you pay income tax, just like on your regular salary.

In short, the amount you get back net is therefore dependent on your salary earnings that year. Curious about precisely how much you will have left over? Then make use of our Gross net transitional compensation calculator.

• End date of your employment
• Height of your severance pay
• Agreements on the notice period
• Exemption from work
• Certificate
• Confidentiality agreements
• Final discharge

Note: never sign directly! You are legally entitled to 14-day cooling-off period.

A question we encounter very often (almost daily!): do you keep your WW rights in special educationUsually, yes, but be careful:

• The reason for dismissal must be clear
• You are not to blame (in short: it cannot be your fault)
• The notice period must be correct (otherwise your unemployment benefit could be jeopardised)

• Years of service less than 5 years: 1 month notice period
• Years of service 5 to 10 years: 2 months' notice
• Years of service 10 years to 15 years: 3 months' notice period
• 15 years or more of service: 4 months' notice period

• As an employee, you have standard 1 month's notice. Your collective labour agreement or contract may contain different arrangements.

No notice period applies in the case of:

• Dismissal during probation
• Summary dismissal
• Mutual consent (negotiable via settlement agreement)

• You are involuntarily unemployed
• You have worked at least 26 weeks in 36 weeks
• I am immediately available for work.
• You have not been unfairly dismissed

• Resigned himself
• Summary dismissal
• Blameworthy unemployment
• Conditions not met in VSO

Tip: Apply for your Universal Credit directly on your last day of work. In many cases, you can submit the application well before your resignation. Every day's delay costs you money.

Legal assistance on dismissal is by no means a luxury. After all, many people do not know exactly where they stand and what rules and procedures apply to them.

It is important that legal assistance remains available to all groups in society, so that people who cannot afford an expensive employment lawyer also continue to have access to a lawyer who can assist them in the event of dismissal. The platform ontslagrechtjuristen.nl is one of the few platforms where legal assistance for dismissal is genuinely free for you as an employee.

A redundancy lawyer From our platform, you can be supported with the following:

• To check and improve the VSO
• Negotiating with your employer
• Maximising your redundancy pay
• To improve your secondary dismissal conditions

Our dismissal law specialists are happy to provide you with free advice. You will receive:

• A review of your complete situation
• Assessment of your rights and obligations until your dismissal
• Advice on all the follow-up steps you need to take
• It is completely free and without obligation for you as an employee

Dismissal can turn your life upside down as an employee. For many people, dismissal means a great deal of stress and sleepless nights.

With the right knowledge and support, you will come through this well. Dutch dismissal law offers you protection and rights that you need to know and take advantage of.

Whether you are dealing with a reorganisation, a conflict with your employer or another dismissal situation: know that you are not alone and that free help is just around the corner.

Thousands of employees have gone before you and emerged stronger. You too.

The most important advice? Don't make hasty decisions. Take time to understand your rights, get your settlement agreement checked and negotiate your departure.

Those few extra weeks often yield thousands of euros more, as well as the certainty that everything is properly organised.

Contact us today: Call for free advice or Calculate your transition payment in advance.

The first step is often the most difficult, but also the most important.