Expats working in the Netherlands often wonder how well they are protected against dismissal. The rules in the Netherlands are strict and employees — including expats — cannot simply be dismissed. Yet employers sometimes try to take advantage of the fact that expats are less familiar with Dutch law.
At Arslan Advocaten, we have extensive experience with dismissal cases involving expats and we ensure that their rights are protected.
Dismissal of expats: the basic rules
In principle, the same dismissal rules apply to expats as to Dutch employees. An employer can only terminate an employment contract if there is a statutory ground for doing so.
The main dismissal routes are:
UWV procedure
In the case of dismissal for business economic reasons.
In the case of dismissal after 2 years of illness.
Subdistrict court
In the case of dismissal due to underperformance, a disrupted employment relationship, or seriously culpable conduct.
Termination by mutual consent
Via a settlement agreement (VSO).
Additional vulnerability of expats
Expats often have a temporary residence permit that is linked to their job. Dismissal can therefore have far-reaching consequences, such as loss of residence status or return to the home country.
Employers and expats must take this into account during negotiations regarding termination.
Practical examples
Example 1: An expat from India was dismissed due to a reorganisation. His employer offered an insufficient severance payment. Through negotiations with Arslan Advocaten, he received not only the transition payment but also an additional payment due to the employer's negligent conduct.
Example 2: An expat from the US was offered a settlement agreement without a cooling-off period. We ensured that the employee exercised the statutory 14-day cooling-off period and was then able to negotiate better terms.
Example 3: An expat from Brazil was dismissed after 1.5 years of service for underperformance. Because the employer had insufficient documentation, the subdistrict court rejected the dismissal request and the expat remained employed.
Severance payment for expats
Expats are entitled to the same transition payment as other employees. In addition, the court can award an equitable compensation if the employer has acted in a seriously culpable manner.
Checklist for expats facing dismissal
Check whether the employer has a valid ground for dismissal.
Read the settlement agreement carefully and do not sign it immediately.
Check whether you are entitled to a transition payment.
Remember that you have 14 days to reconsider with a settlement agreement.
Always engage a lawyer to review the terms.
Why Arslan Advocaten?
Years of experience with dismissal cases involving expats
Expertise in both employment law and immigration law
Support in negotiations and proceedings
Personal and practical advice in clear language
FAQ on dismissal protection for expats
1. As an expat, do I have the same dismissal protection as Dutch employees?
Yes, the law makes no distinction between expats and other employees.
2. Can my employer terminate my residence permit?
No, only the IND decides on residence permits. However, dismissal can have consequences for your residence status.
3. What is a transition payment?
This is the statutory severance payment you receive upon dismissal, including with temporary contracts.
4. May I sign a settlement agreement immediately?
No, always take time to consider and have it legally reviewed.
5. Does engaging Arslan Advocaten cost money?
No, the employer often reimburses the costs or we recover them in full.