Implications of dismissal for employees
If you are dismissed for reasons beyond your control, you will be entitled to severance pay. Severance pay is a single payment for employees who are dismissed. Your employer is obliged to pay the severance pay unless the dismissal is your own fault. If your employer is unable to pay the severance pay owing to bankruptcy or suspension of payment, SZW will pay the severance pay to you. You can make an application to the SZW unit for this.
Applying for severance pay
If your employer is unable to pay you any severance pay, you can make an application for it to the SZW unit. This is done during the loss of wages consulting hours. You must apply for the severance pay within a year of the date of your dismissal.
Do you disagree with your dismissal?
If your employer wishes to dismiss you, he must obtain a dismissal permit. For this, he submits a 'request for dismissal' at the Labor Affairs department. You will receive this 'request for dismissal' from the secretary of the dismissal committee. When you disagree with your dismissal, you can object by returning the ‘request for dismissal' together with your defense to the committee. They will then prepare an advice for the head RCN-Unit SZW based on the submitted documents. He or she ultimately makes the decision whether the dismissal permit is granted or not.
I want to oppose my dismissal Where can I go?
If you feel that you have been wrongly dismissed, you can file a petition at the 'gerecht in eerste aanleg'. The court will then consider whether you have been wrongly dismissed.