In these times of recession, organizations are often forced to lay off employees. Being fired is a major event that has direct consequences for your private life. You will enter an uncertain period, in which it is still unclear how the dismissal will be arranged and whether you are entitled to unemployment benefits. Even if you are not the breadwinner in the family, you should not underestimate the impact. You can read more about it here.
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First of all, it is important to know that your employer cannot just fire you, there must be a well-founded reason for dismissal. A good reason for dismissal can relate to:
It sounds a bit like a technical story. And actually it is. Getting fired is tough enough. So we're going to try to explain everything as clearly as possible. Below you can read more about reasons, rights and rules regarding being fired.
The first legitimate reasons why an employer may proceed with dismissal are business economic reasons. If your employer is dealing with disappointing business results, for example. A bad financial situation or structural work or turnover reduction. This also includes a reorganization of the company. In that case, for example, there is a termination of (part of the) business activities, technological changes or a company relocation. As a result, it is possible that it is decided that staff should be laid off for business reasons. That could mean losing your job. Just like a number of other colleagues, because in this case it often concerns a collective dismissal.
In the event of a dismissal for economic reasons, your employer must take the reflection principle into account. The principle of reflection means that a choice must be made between employees who work in interchangeable positions within a company location. The staff is divided into age categories (15-24 years, 25-34 years, 35-44 years, 45-54 years and 55 years and older). Within each age group, the employee who has been employed the shortest is eligible for dismissal. That is the so-called last in-first out of LIFO principle.
Even if there are business economic reasons, an employer sometimes tries to come to an arrangement, also known as a dismissal by mutual consent. With this he tries to avoid dismissal proceedings at the UWV or the subdistrict court. Caution is advised, because some employers often try to circumvent the dismissal rules. Before you agree to a dismissal scheme, it is therefore a good idea to seek advice from an employment law lawyer.
The second legitimate reason for being fired is dysfunction. In fact, dysfunction means that an employee does not meet the job requirements that are set for him. For example, a manager can be expected to have leadership qualities. If not, this could be grounds for dismissal. But it is often not as simple as in the example above.
To start with, you can expect your employer to be completely clear about the job requirements, for example through a clear job description of tasks and responsibilities. In addition, the employer must create the right working environment and provide you with the right resources to function properly. If this is not the case, it will be very difficult for an employer to maintain that you are dysfunctional.
If your employer would like to fire you for malfunctioning, a number of conditions must be met:
The third legitimate reason for being fired is a disturbed employment relationship. Of course, an employer cannot simply take the position that there is a disruption that would cause you to lose your job. There must really be something going on. An employer who requests dismissal for an employee on the basis of a disrupted employment relationship will generally have to demonstrate that:
• there is actually a disruption,
• this disruption is serious and permanent,
• and that restoring the relationship is no longer possible.
There can be all sorts of reasons for disrupting an employment relationship. Think of the situation where a personal conflict arises between an employee and his supervisor. This conflict can, for example, be the result of (the accusation of) sexual harassment. There may also be a disturbance in the working relationship between two colleagues. If transfer is not an option, an employer could also consider applying for dismissal in that situation. And beware:love relationships at work can also lead to disturbed relationships.
In the event of an application for dismissal on the basis of a disrupted employment relationship, both the UWV and the subdistrict court judge will consider all the circumstances of the case to determine whether the employment relationship is indeed so disrupted that dismissal is inevitable.
Dismissal on the basis of urgent reasons often leads to immediate dismissal. Also known as instant dismissal. The best-known forms of urgent cause are theft, assault and refusal to work. The employer should give you the opportunity to tell your side of the story, but can still stand by their position and fire you on the spot because they don't believe you. The consequences of such a dismissal directly affect your private life because you lose your job and cannot claim unemployment benefits because you are culpably unemployed.
As soon as you have been summarily dismissed by your employer, it is important that you immediately inform your employer – in writing – that you are protesting against your dismissal. In the letter of protest you state the following:
• why you think that the summary dismissal was unfairly given
• that you are available to continue performing your work
• that your employer is obliged to is to continue to pay the wages.
• Finally, you let your employer know that if he upholds the summary dismissal, you will initiate proceedings within a certain period.
If your employer does not withdraw the summary dismissal, you will have to try to reverse the summary dismissal through the courts – by means of summary proceedings. In such a situation, you should be assisted by an employment lawyer. With his help, it is sometimes possible to find the employer still willing to convert the instant dismissal into a dismissal by mutual consent. In this way it is possible to safeguard your rights to unemployment benefits as much as possible and possibly to arrive at a severance payment.
Not nice to apply for, but nice that it is there:the unemployment benefit. If you (possibly) lose your job soon, you can check with the UWV to see if you are entitled to unemployment benefits.
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