A conflict at work can make you feel threatened. Could these be the signs of an impending dismissal? And if your role becomes redundant, how should you proceed? Or have you found another great job and want to resign yourself?
Resigning
Do you want to resign yourself? First, take a good look at what type of contract you have.
Notice period for fixed-term contract
Do you have a fixed-term contract? Then your contract has an end date, and in principle, it is not possible to resign. Unless the contract states that early termination is allowed. You can terminate the contract during your probation period. Is there nothing about this in your contract? Then you can agree with your employer that you want to leave earlier than the end date. Together with your employer, you then determine the notice period.
If your employer does not agree and you decide to leave anyway, your employer can claim your salary for the remaining months you were supposed to work.
Notice period for permanent contract
Do you have a permanent contract? Then your contract does not have an end date. With a permanent contract, it is possible to resign. Just keep in mind the notice period. The legally determined notice period for a permanent contract is, in principle, a full calendar month. It is customary to resign at the end of a calendar month. The employment contract can deviate from this up to a notice period of a maximum of 6 months. In that case, the notice period for your employer must be at least twice as long.
If you resign yourself, in principle you are not entitled to unemployment benefits and if you are ill, you are not entitled to sickness benefits. Contact us first if you are planning to do so.
If your employment contract includes a non-compete clause or a non-solicitation clause, it may mean that for a period after leaving your Updates employer, you cannot work for a competitor or work with people you have worked with at your Updates employer. In that case, contact us to be informed about possible consequences.
Being dismissed
You can be dismissed in various ways.
- Your employer terminates your employment contract with permission from the UWV
- The subdistrict court dissolves your employment contract at the request of you or your employer
- Your employment contract ends automatically, such as with a temporary contract
- You are dismissed during your probationary period
- You are dismissed on the spot
- You are dismissed after your employer's bankruptcy
- Your employment contract ends with your approval (termination with consent or termination by mutual agreement).
Do not agree to dismissal
Even if it seems that your employer is making you a good offer, do not agree immediately! It is advisable to first find out whether you will receive unemployment benefits. Moreover, is your employer actually within their rights? For answers to these questions, contact the Contact Centre. Download the checklist for dismissal through a settlement agreement in the attachment.
Do not sign any documents
Do not sign any documents indicating that you agree to your own dismissal. This can be very disadvantageous for you. You might even lose your right to unemployment benefits.
Make yourself available for work
Inform your employer both verbally and in writing that you are available for work. View a sample letter for summary dismissal. If you are not willing to work, the employer can dismiss you summarily or request the court to dissolve your employment contract. The employer can interpret this as refusal to work. This could also cause you to miss out on potential unemployment benefits.
Register with UWV
As soon as you know you will become unemployed, register as a job seeker with UWV in your region. It is important to do this quickly. We recommend doing this at the start of any notice period. You then do everything possible to find new work immediately. This registration is a requirement to receive unemployment benefits.
Demand written confirmation from your employer
This confirmation serves as evidence. It can be used to check whether the announced dismissal meets all legal requirements.
File a written objection
You can protest against any form of dismissal. It does not matter how you have been dismissed! We recommend contacting our legal experts. Our staff can, for example, help you draft a letter of objection. It is important to send this letter by registered post.
Transition compensation
When you are dismissed, you are entitled to transition compensation. This is the severance pay you are legally entitled to if you are dismissed or if your employment contract is not renewed. View more information about the transition compensation.
Final settlement
At the end of your employment, your employer must provide a final settlement. It is important to check this carefully. But what if your employer does not fully meet the obligations and you are still entitled to a payment? Download a sample letter for final settlement that you can send to your employer.
Bankruptcy
Is your employer bankrupt? This often means that employees are dismissed. If bankruptcy is declared, a trustee will terminate your employment contract as soon as possible. In this case, no dismissal permit needs to be requested from UWV. Is your employment contract not yet terminated, but the company is bankrupt? Then UWV will take over the obligation to pay the salary. Want to know more about your rights and obligations in the event of bankruptcy?
From job to job
Are you at risk of losing your job? Is your contract not being renewed or terminated? Are you facing unemployment due to bankruptcy or reorganisation? Then sign up for career guidance from the VAKbeweging, a collaboration between the unions FNV and CNV.
Do you also want free career guidance? Then visit the website of De VAKbeweging and sign up! Or contact us.