Imagine cycling along the narrow canals by the Oude Rijn when the call comes. Your employer informs you that your contract is ending. That same day you determine whether you will later retain a proper WW benefit and a reasonable compensation. Below is a step-by-step plan you can follow immediately.
Immediately after the conversation: demand a written statement of reasons
An oral notification has little legal standing. Ask your employer for an official letter in which the reason is stated explicitly. Without a clear ground the dismissal is vulnerable. Send a short confirmatory email yourself straight away: “As discussed on [date] I understand that...”
Collect evidence before access is lost
Download or copy immediately:
- Employment contract including all annexes
- Payslips for the last twelve months plus the annual statement
- Performance reviews and emails concerning your functioning
- The applicable collective agreement and any bonus or pension schemes
Send everything to your private address. Never delete company files; that may itself constitute an additional ground for dismissal.
Use the statutory cooling-off period for a settlement agreement
If you sign a settlement agreement (vaststellingsovereenkomst), you have fourteen days’ cooling-off time under article 7:670b BW. This period is mandatory. Signing under pressure? You can still withdraw free of charge in writing and by registered post.
Engage a specialist promptly via the Arslan office
Call the office at Stationsweg 26 in Leiden (071 - 5200 200). An initial consultation often lasts half an hour to three-quarters of an hour and is sometimes free of charge. The lawyer assesses whether the dismissal ground holds, whether any improvement trajectory has been properly followed and whether the offered compensation is reasonable. In most cases this leads to a 20 to 40 per cent higher outcome.
Ensure your WW entitlement is not jeopardised
The reason stated in the settlement agreement must not imply culpable conduct. Phrase it neutrally as “difference of opinion”. Avoid phrases such as “due to underperformance” or “summary dismissal”, otherwise you risk a sanction from the UWV.
Important time limits you should know
- 14 days — cooling-off period after signing the settlement agreement
- 2 months — period to set aside summary dismissal
- 3 months — claim transition payment (transitievergoeding) before the sub-district court (Rechtbank Den Haag)
- 3 months — apply for WW benefit at the UWV
What you should not do
Do not post an update on LinkedIn while the situation remains unclear. Do not take customer data or sensitive files with you. Do not send angry messages to your employer; that weakens your position. Keep all communication businesslike. For accessible assistance you can also contact the Juridisch Loket Leiden.