Dismissal protection: when are you protected from dismissal? 

Dismissal protection means that your employer may not fire you in certain situations, even if your employer wants to. It is an important part of Dutch redundancy law. This way, your employer cannot 'just fire' you. 

The conditions for dismissing you anyway are:

• Your employer must have a valid reason 

• Your employer must follow proper procedures 

• Your employer must comply with all legal rules

Dismissal protection applies automatically when you have an employment contract with your employer in the Netherlands. So you don't have to arrange or apply for anything for this. 

Note: Dismissal protection does not mean that you can never be fired. For example, your employer can still fire you for theft on summary dismissal. 

In the Netherlands, we have five main categories in which employees enjoy extra protection against dismissal. The situations in which you have extra protection against dismissal are: 

• Dismissal during illness (first 104 weeks of illness)

• Dismissal during pregnancy

• If you are a member of a trade union or the works council

• If there is discrimination in the workplace

• In the event of collective redundancy

I will discuss them with you 1 by 1.

If you are sick, your employer may do not dismiss during the first 104 weeks (2 years) of your illness. This is perhaps the best-known form of dismissal protection in the Netherlands. Note that this dismissal protection applies to all forms of being sick.

So it does not matter for dismissal protection whether you: 

• Being completely ill 

• You are partially fit for work 

• Have a chronic illness 

• Have psychological complaints 

There are situations where your employer may indeed fire you during illness: 

• If you without valid reason not cooperating with your reintegration 

• In case of summary dismissal (e.g. due to theft or serious misconduct in the workplace) 

• If the company goes bankrupt 

• After permission from UWV in case of long-term disability 

"I had been sick for 1.5 years when my employer proposed a settlement agreement. Fortunately, I then sought legal help. The lawyer explained that I was protected and negotiated a much better settlement. In the end, I got a higher compensation ánd was allowed to stay employed longer," tells a client we helped recently. 

The reason for the higher severance pay is that due to the dismissal protection, employers would otherwise have to keep employees for a longer period of time. They also have to enter into a formal dismissal procedure with the UWV. 

Are you pregnant? Then you have one of the strongest forms of dismissal protection. Your employer may do not dismiss from the first day you know you are pregnant until 6 weeks after you give birth. 

• The protection applies as soon as you are pregnant (even if you have not yet told your employer) 

• You are protected throughout your maternity leave

• Protection lasts until 6 weeks after you give birth 

• Termination protection also applies in case of a miscarriage after 16 weeks of pregnancy 

You do not have to report your pregnancy immediately, but it is wise to do so in good time. This way, you can avoid misunderstandings. If your employer does dismiss you while you are pregnant, the dismissal is automatically not legally valid. In short, your formal dismissal cannot go through.

For more information on your rights during pregnancy, check out our comprehensive guide on pregnancy and work.

In so-called special functions within the company, you also get extra protection from dismissal. The reason is that you must be able to perform these functions disinterestedly and, in many cases, also stand up to management for the interests of your colleagues.

Protection from dismissal applies to members of the works council (OR), members of a trade union, confidential counsellors, prevention officers and data protection officers.

As a works council member, you are very much protected. Your employer can only fire you:

• For urgent reasons such as serious misconduct
• On termination of the business
• With your consent, for example by a settlement agreement

This protection applies during your membership of the Works Council and up to 2 years after you resign.

These positions also enjoy dismissal protection:

• Trade union members (no resignation due to membership)
• Prevention officer (protection when performing tasks)
• Trustee (can't just be fired)
• Data protection officer (independent position)

Discrimination is always prohibited, and dismissal on the basis of discrimination is also automatically invalid under Dutch law. This applies to discrimination on the basis of:

• Gender
• Race or origin
• Religion or philosophy of life
• Sexual orientation
• Age
• Disability or chronic illness
• Nationality
• Political beliefs

Discrimination is not always easy to spot. However, you can spot discrimination by:

• To see if you are treated differently in the workplace than your colleagues
• Comments are constantly being made about your (cultural) background
• You suddenly get bad reviews after announcing your pregnancy, for example
• A "corporate culture" is mentioned that would not suit you

If you suspect discrimination, gather evidence and seek legal help. You can find more information in our article on workplace discrimination.

In a reorganisation where several people are dismissed at the same time, special rules apply. We also call this collective redundancy. You are then entitled to:

• Reporting to unions: Your employer must inform unions
• Consultation: There should be consultation on consequences
• Social plan: A social plan is often drawn up with additional arrangements
• Absenteeism principle: Layoffs should be shared fairly across age groups

There is talk of collective dismissal as within 3 months:

• 20 or more workers are laid off
• This happens in one labour market region
• It concerns dismissal for economic reasons

For more information on your rights in the event of reorganisation, read our article on dismissal in case of reorganisation.

Are you still dismissed even though you have dismissal protection? Then you have several options:

• Protest in writing against dismissal
• Indicate that you have severance protection
• Ask for withdrawal of dismissal
• Find legal help immediately

If your employer does not withdraw the dismissal, you can:

• Going to court
• Demanding compensation
• Reclaiming your job
• Claim wages for the period you were wrongfully at home

For wrongful dismissal during redundancy protection, you may be entitled to:

• Pay: Over the entire period you were unfairly dismissed
• Fair compensation: Extra compensation on top of your transitional allowance
• Legal compensation: Fixed amount in case of discrimination
• Smart money: In case of serious violation of your rights

Dismissal protection is a fundamental right you have as an employee in the Netherlands. It ensures that your employer cannot simply kick you out if you are ill, pregnant or perform an important function within the company. It also protects you against discrimination and arbitrariness.

Know your rights and know when you are protected. This puts you in a stronger position if problems arise at work. Are you unsure whether you have dismissal protection in your situation? Or did your employer fire you while you were protected?

Then contact our experienced dismissal lawyers. We will assess your situation free of charge and help you protect your rights. Because no one should lose their job unfairly.

Contact us and find out what you are entitled to within 24 hours.