Suppose you have just taken the A13 exit towards Generaal Spoorlaan when your phone rings. Your employer informs you that your contract will not be renewed. That same evening you already determine whether you will retain your right to WW and a reasonable compensation. Below is the action plan for the first 48 hours, specifically for those living in Rijswijk and often working in Den Haag or Delft.
First moment: demand a written letter of dismissal with motivation
An oral notification is legally weak. Immediately request an official letter stating the reason. Without a clear ground the dismissal is vulnerable. Immediately send a confirmation email from your private address: “I understand that you have informed me today that…”
Immediately afterwards: collect all documents
Before you lose access to the system, copy:
- Employment contract including all annexes
- Payslips for the last twelve months and the annual statement
- Performance reviews and appraisal interviews
- Emails concerning your performance
- Collective labour agreement and any bonus schemes
- Pension overviews
Send the copies to your private email. Never delete files from the server; this may be used as an urgent reason.
Within 24 hours: sign no documents
In the case of a settlement agreement (vaststellingsovereenkomst) there is a statutory cooling-off period of 14 days. The employer may not shorten this period. If you sign under pressure, you may still withdraw from your decision free of charge and in writing within two weeks.
Day 1 or 2: call a specialist
An initial consultation with an employment-law lawyer usually lasts half an hour to an hour. Such an intake is often free of charge. The lawyer immediately assesses whether the dismissal ground holds, whether an improvement trajectory has been correctly followed and whether the offered compensation is reasonable. In most cases it is possible to obtain 20 to 40 percent more than the initial offer. You can go directly to the office of Arslan at Generaal Spoorlaan 35 in Rijswijk (070-4500 300).
Same day: protect your WW rights
The wording in the settlement agreement (vaststellingsovereenkomst) must not sound “culpable”. Avoid phrases such as “due to underperformance”. Choose neutral wording such as “difference of opinion”. Otherwise you run the risk that UWV will block your unemployment benefit (WW-uitkering).
Important deadlines at a glance
- 14 days — statutory cooling-off period after signing a settlement agreement (vaststellingsovereenkomst)
- 2 months — period to contest summary dismissal
- 3 months — period to claim transition payment (transitievergoeding) via the cantonal judge (kantonrechter) of Rechtbank Den Haag
- 3 months — period to apply for WW at UWV
What you should not do
Do not post an update on LinkedIn before the matter is legally clear. Do not take customer data or files that could be regarded as trade secrets. Do not send angry emails to your former employer. Keep all communication business-like and factual. Those living in the Haaglanden region can also contact Juridisch Loket Den Haag for an initial exploratory consultation.