Dismissal through UWV: how does the procedure work?
Learn when UWV assesses an employer's dismissal application and how you can respond as an employee.
When does dismissal go through UWV?
An employer must apply to the Dutch Employee Insurance Agency (UWV) for permission to give notice for business-economic reasons or long-term incapacity for work. Other personal grounds, such as underperformance or a damaged working relationship, are generally dealt with by the subdistrict court.
Permission to dismiss is separate from the assessment of a WW application. This page deals only with the dismissal procedure.
Have you received a UWV dismissal application?
Check the response deadline and every attachment immediately. A substantive, well-supported defence may be decisive.
Route A — dismissal for business-economic reasons
The employer must show why jobs will be permanently lost. This may result, for example, from a poor financial position, reduced work, organisational or technological changes, relocation or partial closure of the business.
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The reason for the job losses is substantiated
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The number and types of positions being eliminated are correct
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The employees selected for dismissal were chosen under the correct rules
Route B — dismissal after 2 years of illness
After usually 104 weeks of illness, the employer may apply for permission if recovery within 26 weeks is unlikely, the employee's own role cannot be adapted appropriately and redeployment is not possible.
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The prohibition on dismissal during illness has expired
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Recovery for the employee's own role is not expected within 26 weeks
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There is no suitable redeployment opportunity
What must the employer demonstrate?
Simply stating that dismissal is necessary is not enough. UWV requires a complete application with information supporting the selected ground for dismissal and the selection of the employee.
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The ground for dismissal is specific and verifiable
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Redeployment within a reasonable period has been investigated
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Any prohibition on dismissal has been assessed
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The correct employee has been selected for dismissal
What can you check as an employee?
Compare the application with your role, duties, employment and available vacancies. Also check whether temporary staff, agency workers and interchangeable positions have been considered correctly.
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Is the factual basis correct?
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Were the employee-selection rules applied correctly?
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Were suitable roles genuinely investigated?
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Does a prohibition on dismissal or other protection apply?
How the UWV dismissal procedure works
1. Application
The employer submits the dismissal application and all supporting documents to UWV.
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Ground for dismissal and supporting evidence
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Details of the role and employment
2. Completeness check
UWV checks the application. The employer must first provide any missing information.
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Additional documents may be required
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Substantive assessment starts once the application is complete
3. Defence
The employee receives the documents and may respond within the stated period.
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Respond to each argument
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Provide evidence and alternatives
4. Decision
UWV grants or refuses permission. If permission is granted, the employer must still give notice.
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The decision is sent to both parties
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The notice period still applies
After permission: the employer must still give notice
UWV grants or refuses permission to dismiss. If permission is granted, the employer must then terminate the employment in writing and observe the notice period. Procedure time may be deducted under certain conditions, but at least 1 month must remain.
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Permission does not end the contract automatically
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The employer must still give valid notice
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The applicable notice period remains important
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Check the termination date and final settlement
What should you check afterwards?
Dismissal generally gives rise to a statutory transition payment. If you disagree with the outcome or the subsequent notice, promptly obtain advice on possible proceedings before the subdistrict court; short statutory time limits apply.
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Transition payment and final settlement
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Correct notice period and termination date
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Assessment of the WW conditions
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Take timely legal action if you dispute the dismissal
Related topics
Dismissal for business-economic reasons
Learn more about reorganisations, job losses and employee selection.
Settlement agreements during illness
See the particular risks when a termination proposal is made during illness.
Settlement agreements and WW benefits
Read which dismissal terms help to reduce risks to your WW entitlement.
Mr. Edwin van Jaarsveld
Edwin van Jaarsveld has over 20 years of experience with dismissal cases and regularly publishes about them.
Edwin’s expertise can also be found on:
Have you received a dismissal application or settlement agreement?
First have the employer's chosen route, the supporting case and the response that best protects your position assessed.
Frequently asked questions
UWV deals with dismissal for business-economic reasons and long-term incapacity for work. Other personal grounds are generally dealt with by the subdistrict court.
Yes. Once the application is complete, you receive the documents and an opportunity to submit a written defence within the stated period.
No. After receiving permission, the employer must still give notice and comply with the applicable rules and notice period.
When the employer initiates the dismissal, you are generally entitled to the statutory transition payment unless a statutory exception applies.
Yes. You do not have to accept it immediately. Compare the proposal with your position in a UWV procedure and have the consequences for compensation, the notice period and WW benefits reviewed.
Reviews
Professional advice
Your dismissal specialists helped me very well with professional advice following a labor dispute I had with my employer. They clearly have experience with settlement agreements. I definitely needed their assistance to reach a good agreement with my employer. Thank you for the clear communication and all the help!
My thanks
My thanks to Mr. Geradts,
With great professionalism, decisiveness, speed, and effectiveness, I was able to conclude a good settlement agreement. If your first counteroffer hadn’t been so strong, I wouldn’t have been able to secure even half of it.
Not only because of the money, but certainly also to be able to close my employment history with dignity.
I wish every employee in such a situation could have such a skilled lawyer!
Good severance payment
I want to sincerely thank you for the excellent help I received when my employer wanted to terminate my employment contract with a settlement agreement.
You advised me not to sign the agreement and, through negotiations, secured my unemployment benefits and severance payment.
Good advice
We are an employer in a cyclical industry. Sometimes there is plenty of work, other times too little.
Therefore, we regularly have to part ways with employees for “economic reasons.”
We use the services of vaststellingsovereenkomst.org for this. They know exactly how a dismissal request to the CWI or the subdistrict court should be prepared.
Even in cases where an employee underperforms or behaves inappropriately, we have had good experiences with the lawyers at vaststellingsovereenkomst.org.
They are always available to us with sound advice and have never disappointed us.
Difficult situation
A dismissal specialist helped me in a very difficult situation. I had been so foolish to sign a letter in an emotional state, resigning myself. Because of this, I lost my salary and wasn’t entitled to unemployment benefits. Vaststellingsovereenkomst.org managed to reverse this. They were able to prove that I signed under pressure and didn’t fully understand what I was doing.
In the end, I left with a good severance payment and now I have another job. Without the help of Vaststellingsovereenkomst.org, I would be in serious financial trouble right now.
Higher severance payment
I would like to sincerely thank you for the quick and professional assistance.
My employer unexpectedly presented a settlement agreement to terminate my employment contract, but thanks to your help, I received a higher severance payment and compensation for my vacation days.
Excellent assistance provided
Recently, you helped me with my dismissal case. I am very satisfied with the assistance provided. The lawyer was very involved and well-versed in dismissal law. He understood well that I didn’t want a long procedure but wanted the matter resolved quickly.
That solution came swiftly and to my full satisfaction. I didn’t even have to visit your office. Communication was handled by phone and email, so you were always accessible.
My rating: a solid 10.
Dismissed but still well helped
Because of a conflict at work that got seriously out of hand, I was dismissed immediately (summary dismissal). I had behaved badly during that conflict, so I could understand why my boss took such a harsh measure.
But I still had to fight the dismissal, because I had no job and no right to unemployment benefits. Fortunately, the dismissal specialist dared to take the risk and started a procedure against my employer on a No Cure No Pay basis. Without the possibility of No Cure No Pay, I wouldn’t have dared to do it myself.
In the end, after two procedures, the lawyer from vaststellingsovereenkomst.org succeeded in securing my right to unemployment benefits and even a severance payment.
Dismissal assistance
I worked with great pleasure from the age of 18 at a flower exporter in Aalsmeer.
When I was 54, my employer applied for dismissal through the CWI for economic reasons. At that time, I engaged Mr. Edwin van Jaarsveld from Ontslagspecialist for dismissal assistance.
A dismissal permit could not be avoided because my employer was really in financial trouble. Since my employer offered only a very small severance payment, Mr. van Jaarsveld advised me to start proceedings at the subdistrict court.
That turned out to be successful. The court awarded a severance payment of €94,000.
Thanks to the dedication and excellent legal knowledge of vaststellingsovereenkomst.org, I achieved this great result. Kudos!
Very pleasant experience
We are an international company based in Amsterdam. We have engaged Vaststellingsovereenkomst.org as our regular legal counsel and legal assistance for business matters. They successfully concluded our first legal case immediately.
I have found the collaboration with the lawyers at Vaststellingsovereenkomst.org to be very pleasant. We complement each other well regarding key issues and evidence.
Rarely have I experienced such excellent legal service and attention. I would definitely recommend Vaststellingsovereenkomst.org in every respect; their rates are also very reasonable!