A dismissal permit via the UWV is required in the following situations:
Economic dismissal
For example in the case of reorganisation, downsizing, or a poor financial situation of the company.Dismissal due to long-term incapacity for work
When an employee has been ill for more than 2 years and recovery in the short term is not expected.
For other grounds for dismissal (such as underperformance, a disrupted employment relationship, or culpable conduct), the employer must go to the subdistrict court.
How Does the UWV Procedure Work?
Submitting the dismissal application
The employer submits an online request to the UWV, including all required supporting documents.Employee's defence
The UWV gives the employee the opportunity to submit a defence within a specified period.Assessment by the UWV
The UWV assesses whether the conditions for dismissal have been met.UWV decision
The UWV grants or refuses the dismissal permit.Termination of the employment contract
With the UWV's permission, the employer may terminate the employment contract, observing the notice period.
Practical Examples
Example 1: An employer wished to dismiss five employees due to a decline in turnover. The UWV assessed whether the economic necessity was sufficiently substantiated and whether the selection principle was correctly applied. Ultimately, the dismissal permit was granted for three employees and refused for two.
Example 2: An employee had been ill for more than two years. The employer applied to the UWV for a dismissal permit. Because it was established that no suitable work was available within the company, the application was approved.
Example 3: An employer applied for dismissal on economic grounds, but could not substantiate the financial necessity. The UWV refused the permit and the employee remained employed.
Checklist for Employers
Collect financial documents or reorganisation plans (for economic dismissal).
Apply the selection principle correctly.
In the case of illness, verify that the employee has actually been incapacitated for work for more than 2 years.
Include all relevant supporting documents with the application.
Seek legal advice in good time to avoid errors.
Checklist for Employees
Read the dismissal application carefully.
Submit a defence to the UWV in time.
Check whether the selection principle has been correctly applied.
Investigate whether suitable work is available for you within the company.
Have an employment law lawyer assist you to strengthen your position.
Why Arslan Advocaten?
Experienced employment law lawyers who assist both employers and employees.
Expert in UWV procedures and employment disputes.
Practical and results-oriented advice.
If necessary, proceeding directly before the subdistrict court.
FAQ on UWV Dismissal Permits
1. How long does a UWV procedure take?
On average 4 to 8 weeks, depending on the complexity and the speed of the parties.
2. Can I appeal the UWV's decision?
No, no objection or appeal is possible. However, you can go to the subdistrict court.
3. Is the employee entitled to a transition payment?
Yes, even with dismissal via the UWV, the employee is entitled to a transition payment.
4. What if the UWV refuses the dismissal permit?
Then the employer can go to the subdistrict court to request dismissal.
5. Can an employee still challenge a dismissal after UWV permission?
Yes, the employee can go to the subdistrict court to have the termination annulled or to claim a fair compensation.