UWV Dismissal Procedure in Rijswijk
If an employer in Rijswijk wants to dismiss an employee due to business economic reasons or long-term disability, permission from the UWV is required.
When is UWV permission required?
- Business economic circumstances (such as reorganisations or financial problems)
- Long-term illness (after a period of 2 years)
Steps in the Procedure
- Submitting the application: The employer applies for dismissal to the UWV
- Employee's response: The employee has 14 days to submit a defence
- Additional round: If necessary, the UWV asks additional questions
- Decision: The UWV makes a decision within 4 to 8 weeks
What after approval?
Upon approval, the employer can terminate the contract observing the notice period (at least 1 month after deduction of the UWV procedure time).
Filing an objection
If you disagree with the UWV decision, a petition can be filed with the District Court of The Hague within 2 months.
Legal basis: Dismissal rules, Article 7:671a DCC
Frequently Asked Questions about Dismissal in Rijswijk
What are my rights as an employee in Rijswijk?
You are entitled to a safe workplace, a fair salary, vacation days with pay retention, and protection against inequality or discrimination.
Can I be dismissed without reason?
No, a dismissal must often be approved by the UWV and based on valid reasons. Prior warnings are usually required.
How many vacation days do I get paid?
You are entitled to at least 20 paid vacation days per year, unless otherwise stipulated in your employment contract. Leave is taken upon request.
What is a collective labour agreement and what does it mean for me?
A collective labour agreement (CLA) regulates agreements between employers and trade unions on matters such as salary, working hours, and other terms of employment.
What if I become ill?
In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of sick leave.
Frequently Asked Questions specifically about the UWV procedure
When must an employer in Rijswijk involve the UWV for dismissal?
An employer must apply for UWV permission for dismissal due to business economic reasons (such as a reorganisation) or long-term incapacity for work (after two years of illness). Without this permission, the dismissal is invalid. As an employee, you can always respond in writing to the application.
How long does a dismissal procedure via the UWV take?
The UWV procedure normally takes 4 to 8 weeks. The employer submits an application, after which you as the employee have two weeks to respond. If the UWV has additional questions, the duration may increase. Take this into account for your planning.
What if the UWV approves my dismissal?
If the UWV approves the dismissal, you can appeal to the District Court of The Hague within two months. You are also entitled to a minimum notice period of one month (after deduction of the procedure time). Consider legal advice via the Juridisch Loket Rijswijk to explore your options, such as compensation.
Am I entitled to compensation upon UWV dismissal?
A transition payment is not standard in a UWV dismissal, but may be awarded if the employer has been negligent in re-placement or in case of culpable conduct. Contact a lawyer in Rijswijk to assess your chances of compensation.
What if I disagree with my employer's response?
If you disagree with your employer's response to your defence, you can indicate this to the UWV. They will review all documents and may hold an additional round for more information. Ensure you have all evidence and documents ready.
How does the notice period work after UWV approval?
After UWV approval, your notice period starts, which is at least one month. Depending on your contract or CLA, it may be longer. The UWV procedure time is deducted from this. For example: if the procedure took 5 weeks, at least 3 weeks of notice period remain.
What to do if my employer threatens dismissal without UWV permission?
If your employer threatens dismissal without UWV approval, you can seek legal assistance from the Juridisch Loket Rijswijk to protect your rights and ensure the correct procedure is followed.