Individual dismissal

Legal advice on terminating an employment contract

Sometimes the continuation of the employment relationship is no longer possible. You are considering parting ways with an employee, but how do you approach this legally correct and strategically sensible? Individual dismissal is subject to strict rules. We assist employers in carefully and effectively shaping this process.

When can you dismiss an employee?

An employment contract may only be terminated if there is a legal ground for dismissal, such as underperformance, a disturbed working relationship, or culpable behavior. You must be able to substantiate this ground with a solid file.

The dismissal route depends on the nature of the reason:

• UWV procedure for dismissal due to company economic reasons or prolonged incapacity for work.
• Subdistrict court procedure for personal reasons such as underperformance or a breach of trust.

If the dismissal ground is not sufficiently substantiated, the UWV or the judge may refuse the dismissal. In that case, the employee remains employed.

Alternative: termination by mutual consent

A dismissal procedure is not always necessary. Often, parties choose termination by mutual consent, documented in a settlement agreement. This includes agreements about the end date, transition payment, release from work, and final discharge.

The stronger your legal position, for example, with a good file or clear dismissal grounds, the greater your negotiating space. We support you in conducting these negotiations and drafting a legally binding agreement.

Immediate dismissal

In exceptional situations, immediate dismissal may be justified, such as in cases of theft or serious misconduct. This constitutes immediate dismissal. This requires an urgent reason and immediate action on your part. The burden of proof lies entirely with the employer, and mistakes can have significant financial and legal consequences. Therefore, seek proper advice before taking action.

Practical and expert advice

We have extensive experience with all forms of individual dismissal, from file building and negotiation to procedures. Together, we ensure a legally solid approach focused on minimizing risks and achieving a sustainable solution.

Are you considering an individual dismissal? Then contact our specialists for tailored legal advice.