In this article we explain step by step how dismissal protection works, what exceptions exist, and what rights you have in different situations.
What is dismissal protection?
Dismissal protection means that an employee may not be dismissed without a valid reason. Employers must:
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have a legal ground for dismissal (for example business economic reasons or dysfunction);
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respect the notice period;
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in many cases, request permission from the UWV or the subdistrict court.
In addition, there are special situations in which dismissal is prohibited, for example during illness or pregnancy.
Prohibited grounds for dismissal: when may you not be dismissed?
In addition to general dismissal protection, there are cases in which your employer is absolutely not allowed to dismiss you. These are the so-called prohibited grounds for dismissal. For example, your employer may not terminate your employment contract because:- your origins, skin color, religion, gender, sexual orientation, disability or nationality (discrimination is expressly prohibited by law);
- applying for or taking parental leave;
- participation in a trade union or politicalorganization, or standing up for employee interests;
- refusing to work on Sundays if you are legally entitled to do so;
- performing military service abroad;
- your membership of the works council or a employee representation.
Since July 1, 2023, an important change applies to employees who have reached the AOW age. If an employee entitled to state pension falls ill, the employer only has to continue paying wages for six weeks instead of the usual period. This scheme makes it more attractive for employers to retain or hire someone with AOW because the financial risk in the event of illness is significantly limited.
The chain arrangement: right to a permanent contract
The chain scheme determines how many temporary contracts you can have in succession.
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You may receive a maximum of 3 temporary contracts in a period of 3 years.
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Will the employment last longer or will there be a fourth contract? Then you are automatically entitled to a permanent contract.
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If there is more than 6 months of interruption between contracts, the counting starts again.
👉 Example: you receive three temporary contracts of one year each. After three years you are entitled to a contract for an indefinite period.
Successive employership: counting previous contracts
Sometimes a new employer succeeds the previous employer, while you continue to do the same work. Consider:
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working through an employment agency and later employed by the hirer;
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transfer to another employer within the same group;
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transfer of undertaking.
In that case, previous contracts count. This means you can be entitled to a permanent contract or more dismissal protection more quickly.
👉 Example: a temporary worker works for a company for 2 years and is then employed directly. His previous years in temporary employment count, which means he is immediately entitled to a permanent contract.
Dismissal protection during illness
During the first 2 years of illness a termination ban applies. Your employer may not dismiss you, unless there are special circumstances, such as:
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termination of business;
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summary dismissal (for example in the event of fraud or theft);
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if you agree to dismissal via a settlement agreement (pay careful attention to this!).
After 2 years of illness, the employer may request dismissal from the UWV, provided that all reintegration obligations have been met.
How long must an employer continue to pay wages in the event of illness?
In the event of illness, your employer must continue to pay your wages for a maximum of 2 years. During this period you will receive at least 70% of your salary per month. This is the law to protect your income while you recover. An exception applies for employees who have already reached the AOW age. In that case, the employer only has to pay wages for 6 weeks in the event of illness. Note: Sometimes a higher percentage or longer duration is agreed in your collective labor agreement or employment contract, so always check your contract or ask your employer for the precise rules in your situation.What happens with a temporary contract that expires during illness?
Will your temporary contract expire while you are ill? Then the employer does not have to extend the contract. The employment ends on the agreed date. Your employer must report you as sick from employment to the UWV. This means that you may be eligible for sickness benefits after the contract expires. Please note: during illness you are not automatically entitled to an extension of your temporary contract, but you are protected against loss of income via the Sickness Benefits Act.Obligations in case of long-term illness and reintegration
In the event of long-term illness, both employer and employee have clear obligations regarding reintegration. The goal? Ensure that you (partially) return to work as soon as possible.- Reintegration plan: Your employer must draw up a reintegration plan together with you. This describes step by step what actions are required to return to your own work, or - if that fails - to suitable other work within or possibly outside the company.
- Active cooperation: You are expected to actively participate in this process. Consider following reasonable advice from the company doctor, attending discussions and carrying out work that you can handle.
- Check by the company doctor: Sometimes you will be called by the company doctor. You are obliged to cooperate in this, so that there is clarity about your possibilities and limitations.
What if one of them doesn't follow the rules?
- Employee: Are you not cooperating with the reintegration process, for example by ignoring instructions or not attending appointments? The employer may then temporarily stop wage payments. In the event of structural opposition, even your dismissal protection may lapse.
- Employer: Is your employer not adhering to the rules – for example by not making sufficient reintegration efforts? Then the UWV can impose a 'wage sanction': the employer must continue to pay your wages for up to one year longer and dismissal is not yet possible.
Sanctions for non-compliance with reintegration obligations
Reintegration during illness is the responsibility of both employee and employer. If either party does not adhere to the agreements, there may be consequences. For employees If you do not actively cooperate with your reintegration (or, for example, with checks by the company doctor), the employer can temporarily stop or suspend wages. If you continue to refuse on a structural basis, your dismissal protection may lapse. In that case, the employer may – after permission from the UWV – apply for dismissal even during illness. For employers The employer is also expected to make maximum efforts for your reintegration. If he fails to do so, the UWV may impose a sanction that the wages must continue to be paid for a maximum of one year. In addition, the ban on termination will be extended: you will then remain protected against dismissal for longer. In short: good cooperation during reintegration is essential to avoid annoying sanctions for both parties.Dismissal protection during pregnancy and leave
You may not be dismissed during:
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your pregnancy;
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maternity leave;
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parental leave.
A dismissal during this period is usually invalid. Dismissal is only permitted in exceptional cases, such as bankruptcy of the employer.
May a temporary contract not be extended during pregnancy?
A temporary contract may expire during your pregnancy and not be extended. An employer is not obliged to automatically convert a temporary contract into a permanent employment contract, even during a pregnancy. There is one important condition: the choice not to renew the contract may not be based on your pregnancy. That would amount to pregnancy discrimination, which is prohibited. Your employer must therefore have another, objective reason for terminating the contract, such as business economic circumstances or the end of a project. Do you doubt your employer's motivation? Always ask for an explanation about the reason for not renewing. Do you suspect your pregnancy was the deciding factor? Then you can consider legal action or report this to theCollege for Human Rights.Dismissal due to reorganization
In the event of a reorganization or dismissal for economic reasons, the employer must always request permission from the UWV. This takes into account:
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the necessity of the dismissal;
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applying the reflection principle (fair distribution of redundancies across age groups);
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whether there are redeployment options within the company.
Sometimes the employer offers a settlement agreement (VSO) instead. Then you can negotiate the conditions yourself.
Summary dismissal
Summary dismissal is only possible for an urgent reason, for example:
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theft or fraud;
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violence or threats;
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serious refusal to work.
The employer must give the dismissal immediately and clearly. As an employee you can challenge this dismissal in the subdistrict court. Do you have questions about your dismissal protection, or are you unsure whether your dismissal is justified? Even if you are unsure whether the correct procedures have been followed, or if you want to know what your rights are, it is wise to seek legal advice. You can be informed about your options, for example whether it makes sense to object or negotiate a departure arrangement.
Dismissal via settlement agreement (VSO)
Many employers try to arrange dismissal with a settlement agreement. You then make agreements together about the end of your employment. Pay close attention:
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The reason for dismissal must be neutral (otherwise the UWV can refuse your unemployment benefit).
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You often retain the right to a transition compensation.
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You can negotiate extras, such as higher compensation or exemption from work.
👉 Are you signing a VSO? Always have this checked by an employment lawyer.
Dismissal protection checklist
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📑 Does your employer have a valid reason for dismissal?
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⚖️ Is dismissal via UWV or subdistrict court necessary?
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⏳ Are you in the chain scheme or in case of subsequent employership?
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👩⚕️ If you are ill or pregnant, a cancellation ban often applies.
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📝 If you have received a VSO, have it legally checked.
Frequently asked questions (FAQ)
1. Can my employer just dismiss me?
No, there must always be a legal basis.
2. When will I automatically receive a permanent contract?
After three temporary contracts or three years of employment, unless there is an interruption of more than 6 months.
3. Does my temporary work count if I am later employed by the same company?
Yes, often. This is called successive employership.
4. Can my employer fire me during illness or pregnancy?
In principle not. Termination prohibitions apply in these situations.
5. What should I do if I am offered a VSO?
Always have this checked by an employment lawyer to protect your rights.
Why Arslan Lawyers?
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Specialized in employment law and dismissal cases
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Experienced with chain regulations, successive employership and reorganisations
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Negotiate for higher compensation and better conditions
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Always focus on maintaining your Unemployment Benefit rights and dismissal protection
Conclusion
Dismissal protection in the Netherlands is strong, but not absolute. Employers must adhere to strict rules and procedures. Yet many mistakes are made in practice. It is therefore wise to always seek legal advice when faced with dismissal. This way you avoid missing out on rights or money.