Surviving the heat at work; it's a recurring theme. Ideally, you would simply leave your work for what it is with these temperatures and sit on the beach. But the work has to be done anyway and you don't have many days off. Then get on with it. If you find the heat at your workplace unbearable, can you actually just decide to work from home? Or in another place? First of all, it really matters what kind of work you do. If you have a job in healthcare, construction or if you work with certain equipment, then working elsewhere will of course be a difficult story. But if you have work that you can do from anywhere, it is often up to you and your employer to make mutual agreements about working from home. Your employment contract may contain agreements about work locations and working from home. In principle, what it says there is binding and you have to stick to what you and your employer have agreed upon. But if the work...
Everything comes to an end, including an employment relationship with an employer. The way in which this is done can of course differ. Maybe you have a new job and you are handing in your resignation yourself. Or you leave of your own accord for other reasons. It is more annoying if - for whatever reasons - you are fired and forced to look for other work. What types of dismissal are there? And what does all this involve?
Resign yourself
Are you changing jobs? Then this means that you are leaving your old employer. So you will have to terminate your contract and resign. The same applies if you stop your current job for another reason, for example because you want to take a trip or do something completely different. How do you submit your resignation? And how can you best tackle this? Read more about resigning yourself and writing a letter of resignation .
Forced redundancy
You may also have to leave your current employer. For example, because the company you work for goes bankrupt or - from a cost point of view - a reorganization or reduction of the workforce takes place. But other causes can also be grounds for dismissal. Think of:
* A labor dispute
* You are frequently ill and often absent
* You do not cooperate with reintegration
* You do not function properly
* There is serious misbehavior
Your employer may not 'just' fire you; he must have compelling arguments and provide evidence, for example in the form of figures or a file. In most cases, therefore, there is no redundancy from one day to the next. It is preceded by a lengthy process, unless there is an urgent reason for summary dismissal. Think of theft, threats, assault or refusal to work.
Dismissal via the subdistrict court or the UWV?
If you are forced to leave your current job, the reason for your dismissal will affect the way in which the employer must submit your dismissal. This can be done in two ways: through the subdistrict court or through the UWV. †
Dismissal via the UWV
The UWV comes into play when there is a commercial reason for your dismissal, or in the event of long-term incapacity for work (if you have been ill for more than two years). Incidentally, the latter does not mean that you are automatically dismissed after two years of incapacity for work; in that case there should be no prospect that you will be able to return to your job in the foreseeable future. †
Dismissal through the subdistrict court
If you are dismissed for personal reasons (for example in the event of a labor dispute or poor performance), the dismissal procedure runs through the subdistrict court . Your employer must then prove to the court that he has good reasons to dismiss you. †
Dismissal by mutual consent
Another possibility is that you come to an agreement with your employer about your dismissal. You will then make agreements together about the way in which the dismissal will be handled (financially). This is ' dismissal by mutual consent '. In that case, you will draw up an agreement together in which you record the agreements about the termination of the agreement and the financial settlement. This is the so-called settlement agreement . Your employer will usually try to arrange the dismissal in this way before knocking on the door of the UWV or the subdistrict court judge. †
Transition fee
If you are fired, you are in many cases entitled to a severance payment, or: transition payment . That is, if you have been employed by the employer from which you are leaving for two years or longer and you have not been fired for seriously culpable behaviour. The amount of this compensation depends on your salary and the duration of your employment. In the event of dismissal by mutual consent, you must make agreements about this yourself with your employer.
Write resignation letter
You have submitted your resignation. Now it is important to do that officially with a letter of resignation. In this you put in black and white that you are leaving the service. In addition, you terminate the employment contract with a letter of resignation.
A number of elements are mandatory for a letter of resignation to be legally valid. These are:
* The date on which you write the letter (in connection with the notice period)
* The name of your manager or boss
* That you resign
* The date on which you leave employment
* Your name and signature
. yourself what you put in your letter. You do not have to state the reason for your dismissal, but of course you can. In principle, a letter with the above information will suffice, but if you had a good time with your employer, it would be nice to mention it. Certainly with a view to possible references that you can use later or contact that you still want to keep.
The following also applies to this: you decide for yourself what tone you like. It is best to choose a tone that is appropriate for your employment relationship and the way in which you are splitting up. In principle, you can't go wrong with a business letter, but if you had a very casual relationship, it's more fun - and perhaps more convenient - to leave a good last impression.
If you have a good and informal relationship with your employer and you want to maintain contact, you can write a letter of resignation that is in line with the example below.
***
Employee Surname
Street name 1
1234 AB City name
Company 1
Company street name 1
1234 YZ City name
Jakarta, 25 February 2022
Dear
Seven years ago I came toinside if† In those years I have grown enormously and I have been able to learn a lot. I've always had a great time, but now I've decided it's time for a new step.
That's why I saymy employment contract. PerI will start in my new position asBee
I will of course ensure that my current work is transferred properly, so that my successor can take it up without any problems. If you still have questions or are unclear, you can of course always call me.
I wish you the best of luck and hope we keep in touch in the future.
Sincerely,
If you want to keep it short and businesslike, that's also possible, as mentioned. Especially if you (lately) did not enjoy going to work too much and your relationship with your employer was not great. Below is an example of a short, business-like letter of resignation.
***
Employee Surname
Street name 1
1234 AB City name
Company 1
Company street name 1
1234 YZ City name
Jakarta, 25 February 2022
Dear Mr/Mrs X,
I will say this by emailBeeon. This is subject to the notice period of one month.
I thank you for the cooperation in recent years.
Sincerely,
Signature
In your letter of resignation you can also request payment of your last salary, holiday pay, taking holidays and any other matters to which you are still entitled. This is not necessary, you can also just discuss that.
You can also ask for a certificate in the letter: this is a document in which your employer states the period in which you worked for the company or organization and which position(s) you held. Some employers ask for such a certificate as proof that you have actually worked somewhere. Your employer is obliged to provide you with this document if you request it.
You can send, email or hand over your letter yourself. In any case, make sure that the letter arrives. If you send it by post, it is therefore useful to do so by registered mail. Especially if there is a labor dispute. Keep a copy of the letter and the proof of sending for your own records. E-mailing a letter of resignation is also legally valid, but then you have no proof that your supervisor has actually received the letter. Therefore, always ask for a confirmation of receipt.
What do you put in your resignation letter?
A number of elements are mandatory for a letter of resignation to be legally valid. These are:
* The date on which you write the letter (in connection with the notice period)
* The name of your manager or boss
* That you resign
* The date on which you leave employment
* Your name and signature
. yourself what you put in your letter. You do not have to state the reason for your dismissal, but of course you can. In principle, a letter with the above information will suffice, but if you had a good time with your employer, it would be nice to mention it. Certainly with a view to possible references that you can use later or contact that you still want to keep.
The tone of the resignation letter
The following also applies to this: you decide for yourself what tone you like. It is best to choose a tone that is appropriate for your employment relationship and the way in which you are splitting up. In principle, you can't go wrong with a business letter, but if you had a very casual relationship, it's more fun - and perhaps more convenient - to leave a good last impression.
Sample resignation letter: loose and informal
If you have a good and informal relationship with your employer and you want to maintain contact, you can write a letter of resignation that is in line with the example below.
***
Employee Surname
Street name 1
1234 AB City name
Company 1
Company street name 1
1234 YZ City name
Jakarta, 25 February 2022
Dear
Seven years ago I came toinside if† In those years I have grown enormously and I have been able to learn a lot. I've always had a great time, but now I've decided it's time for a new step.
That's why I saymy employment contract. PerI will start in my new position asBee
I will of course ensure that my current work is transferred properly, so that my successor can take it up without any problems. If you still have questions or are unclear, you can of course always call me.
I wish you the best of luck and hope we keep in touch in the future.
Sincerely,
Signature
Sample resignation letter: short and businesslike
If you want to keep it short and businesslike, that's also possible, as mentioned. Especially if you (lately) did not enjoy going to work too much and your relationship with your employer was not great. Below is an example of a short, business-like letter of resignation.
***
Employee Surname
Street name 1
1234 AB City name
Company 1
Company street name 1
1234 YZ City name
Jakarta, 25 February 2022
Dear Mr/Mrs X,
I will say this by emailBeeon. This is subject to the notice period of one month.
I thank you for the cooperation in recent years.
Sincerely,
Signature
Settlement of last wages, holiday pay and days and certificate
In your letter of resignation you can also request payment of your last salary, holiday pay, taking holidays and any other matters to which you are still entitled. This is not necessary, you can also just discuss that.
You can also ask for a certificate in the letter: this is a document in which your employer states the period in which you worked for the company or organization and which position(s) you held. Some employers ask for such a certificate as proof that you have actually worked somewhere. Your employer is obliged to provide you with this document if you request it.
Send resignation letter
You can send, email or hand over your letter yourself. In any case, make sure that the letter arrives. If you send it by post, it is therefore useful to do so by registered mail. Especially if there is a labor dispute. Keep a copy of the letter and the proof of sending for your own records. E-mailing a letter of resignation is also legally valid, but then you have no proof that your supervisor has actually received the letter. Therefore, always ask for a confirmation of receipt.
Dismissal by mutual consent
If your employer has decided that there is nothing for it but dismissal, he will almost certainly try to work it out with you in the first instance. For this he will draw up a settlement agreement with the conditions on which you leave. When you sign this agreement, you refer to it as "dismissal by mutual consent." In many cases this is also the most favorable way for both parties to be dismissed. But how do you know if this is actually the case and what should you pay attention to?
In most cases, an employer will rather dismiss you by mutual consent than if he has to let this go through the UWV or the subdistrict court . These procedures cost much more time and money. In that sense, it might sound like something that would especially benefit your employer. But it can also be more beneficial for you to make agreements with your employer yourself.
So what could be so beneficial about a mutual consent dismissal for you? Five advantages in a row:
* A dismissal procedure in which you make your own arrangements with your employer not only costs your employer but also you much less time and energy and is therefore usually much less grueling.
* You can close the period with your employer in a better way despite the unpleasant end.
* The severance pay that you can agree on may be higher than if you let the procedure go through official bodies.
* You yourself have influence on what you make agreements about. These agreements are in addition to what you are legally entitled to and can be better tailored to your individual wishes and needs.
* You are usually just entitled to unemployment benefits.
If your employer aims for a dismissal by mutual consent, he will in the first instance come up with a proposal for a settlement agreement. But know that it is a document in which you make agreements TOGETHER. You will therefore have to negotiate the settlement agreement - just like with the agreements in your employment contract. At least, if you want to come out (more) favourable. The first offer your employer makes to you will usually not be the most beneficial to you and thus leaves room for negotiation.
When your employer comes up with a proposal, one of the first things you will ask yourself is: do I get money and how much? To find out what a realistic amount is, you can calculate the legal minimum that you would receive if a dismissal procedure were started at the UWV or the subdistrict court. This is the transition payment . Please note: your employer is not obliged to pay you this amount in the event of a settlement agreement, but it is of course important to include this in your negotiation strategy.
Even if the dismissal is called dismissal by mutual consent, it is important that it is clear in the settlement agreement that the initiative for the dismissal comes from the employer. This is in connection with your right to unemployment benefits. You only have that if your employer has initiated the dismissal and you have done everything you can to ensure that you could continue to work. So make sure that this is properly formulated in the agreement.
What else can you pay attention to if you are going to make agreements with your employer about a dismissal by mutual consent? †
Officially you should of course continue working until the date of dismissal, but you probably do not want that and it is also better for your employer if you can transfer your work as soon as possible. Make sure you make good agreements about this and put them on paper in the settlement agreement. †
According to the law, your employer is still responsible for the payment of your wages during the notice period. Only then are you entitled to unemployment benefits. If you make agreements that you will stop earlier, make sure that you will still receive a salary during this period. †
When your contract ends, your employer still has to settle a few things with you. This way you have accrued vacation days and money. Agree carefully whether you will take days or have them paid out. And if, for example, you had a thirteenth month or if you worked with bonuses, have it laid down specifically how this is settled. †
Is there a non-competition or non-solicitation clause in your contract? Then ask your employer how you can deal with this after your dismissal. In many cases, this clause lapses upon dismissal or is at least weakened.
When do you speak of a dismissal 'by mutual consent'?
In most cases, an employer will rather dismiss you by mutual consent than if he has to let this go through the UWV or the subdistrict court . These procedures cost much more time and money. In that sense, it might sound like something that would especially benefit your employer. But it can also be more beneficial for you to make agreements with your employer yourself.
Benefits of Dismissal by Consent
So what could be so beneficial about a mutual consent dismissal for you? Five advantages in a row:
* A dismissal procedure in which you make your own arrangements with your employer not only costs your employer but also you much less time and energy and is therefore usually much less grueling.
* You can close the period with your employer in a better way despite the unpleasant end.
* The severance pay that you can agree on may be higher than if you let the procedure go through official bodies.
* You yourself have influence on what you make agreements about. These agreements are in addition to what you are legally entitled to and can be better tailored to your individual wishes and needs.
* You are usually just entitled to unemployment benefits.
Negotiating the agreements in the settlement agreement
If your employer aims for a dismissal by mutual consent, he will in the first instance come up with a proposal for a settlement agreement. But know that it is a document in which you make agreements TOGETHER. You will therefore have to negotiate the settlement agreement - just like with the agreements in your employment contract. At least, if you want to come out (more) favourable. The first offer your employer makes to you will usually not be the most beneficial to you and thus leaves room for negotiation.
Severance pay
When your employer comes up with a proposal, one of the first things you will ask yourself is: do I get money and how much? To find out what a realistic amount is, you can calculate the legal minimum that you would receive if a dismissal procedure were started at the UWV or the subdistrict court. This is the transition payment . Please note: your employer is not obliged to pay you this amount in the event of a settlement agreement, but it is of course important to include this in your negotiation strategy.
Initiative must come from the employer
Even if the dismissal is called dismissal by mutual consent, it is important that it is clear in the settlement agreement that the initiative for the dismissal comes from the employer. This is in connection with your right to unemployment benefits. You only have that if your employer has initiated the dismissal and you have done everything you can to ensure that you could continue to work. So make sure that this is properly formulated in the agreement.
Other things to keep in mind when dismissing by mutual consent
What else can you pay attention to if you are going to make agreements with your employer about a dismissal by mutual consent? †
Exemption from work
Officially you should of course continue working until the date of dismissal, but you probably do not want that and it is also better for your employer if you can transfer your work as soon as possible. Make sure you make good agreements about this and put them on paper in the settlement agreement. †
The fictitious notice period
According to the law, your employer is still responsible for the payment of your wages during the notice period. Only then are you entitled to unemployment benefits. If you make agreements that you will stop earlier, make sure that you will still receive a salary during this period. †
The final bill
When your contract ends, your employer still has to settle a few things with you. This way you have accrued vacation days and money. Agree carefully whether you will take days or have them paid out. And if, for example, you had a thirteenth month or if you worked with bonuses, have it laid down specifically how this is settled. †
Non-competition and non-solicitation clause
Is there a non-competition or non-solicitation clause in your contract? Then ask your employer how you can deal with this after your dismissal. In many cases, this clause lapses upon dismissal or is at least weakened.
Dismissal via the UWV
Are you fired for business reasons or because you have been ill or incapacitated for work for more than two years? In that case, your dismissal will go through the UWV. That is, if it is not possible to make joint agreements with your employer about the handling thereof. Your employer then applies for a dismissal permit from the UWV. If your employer gets that permit, he has permission to fire you.
Business economic reasons may be the reason that your employer submits a dismissal application to the UWV. Business reasons may be:
* The company is in bad financial shape
* A reorganization
* The amount of work has decreased
* Disposal or termination of business activities
* Technological changes, which make work automated
* The company moves to another location.
Your employer must be able to demonstrate one of the above reasons with documentation. The UWV assesses the documents and issues the dismissal permit on that basis. Your employer must also comply with the rules of the reflection principle.
Incidentally, if the company you work for goes bankrupt, the UWV does not have to grant permission for your dismissal: this is then arranged through the bankruptcy trustee.
If there is a commercial reason for your dismissal, this must be done in accordance with the statutory mandatory reflection principle. This means that your employer has to fire employees in a certain order. Employees are divided into different categories, in terms of type of position, age and type of employment.
For example, the first thing to do is say goodbye to hired employees, such as temporary workers and self-employed workers. And then it is the turn of those entitled to state pension, on-call workers and people with temporary contracts. Then we look at people with similar functions, who are again divided into age classes. The number of people within the organization should be evenly distributed across those age groups. The over-55s are last in line.
You can read a more detailed explanation about the operation and rules of the reflection principle and the exceptions on the UWV website. Here you will also find a tool with which you can determine the order of dismissal.
If twenty or more employees have to be dismissed within three months within one working area of the UWV, this is referred to as collective dismissal. The reflection principle is also applied in this case. However, additional rules apply. For example, an employer must consult with trade unions to which his employees are members and with the works council.
Dismissal via the UWV for business economic reasons
Business economic reasons may be the reason that your employer submits a dismissal application to the UWV. Business reasons may be:
* The company is in bad financial shape
* A reorganization
* The amount of work has decreased
* Disposal or termination of business activities
* Technological changes, which make work automated
* The company moves to another location.
Your employer must be able to demonstrate one of the above reasons with documentation. The UWV assesses the documents and issues the dismissal permit on that basis. Your employer must also comply with the rules of the reflection principle.
Incidentally, if the company you work for goes bankrupt, the UWV does not have to grant permission for your dismissal: this is then arranged through the bankruptcy trustee.
Reflection principle in case of dismissal for economic reasons
If there is a commercial reason for your dismissal, this must be done in accordance with the statutory mandatory reflection principle. This means that your employer has to fire employees in a certain order. Employees are divided into different categories, in terms of type of position, age and type of employment.
For example, the first thing to do is say goodbye to hired employees, such as temporary workers and self-employed workers. And then it is the turn of those entitled to state pension, on-call workers and people with temporary contracts. Then we look at people with similar functions, who are again divided into age classes. The number of people within the organization should be evenly distributed across those age groups. The over-55s are last in line.
You can read a more detailed explanation about the operation and rules of the reflection principle and the exceptions on the UWV website. Here you will also find a tool with which you can determine the order of dismissal.
Collective redundancy
If twenty or more employees have to be dismissed within three months within one working area of the UWV, this is referred to as collective dismissal. The reflection principle is also applied in this case. However, additional rules apply. For example, an employer must consult with trade unions to which his employees are members and with the works council.
Dismissal via the UWV in the event of long-term incapacity for work
If you have been ill or incapacitated for work for more than two years and it does not appear that you will be able to return to work with your employer in the short term, your employer can also submit a dismissal application to the UWV. He must, however, be able to demonstrate that:
* it is unlikely that you will return to work within six months;
* your job can be adjusted in such a way that you can still work;
* there are no other suitable activities for you within the organization that you could do.
The UWV usually engages an (insurance) doctor or occupational expert to obtain advice and assess the situation. Your employer must add a recent statement from the company doctor to the application for dismissal. Your employer must also have supported you sufficiently in your reintegration in the past year. If he has not done this, the UWV can oblige him to continue paying your wages for another year.
If you are ill or incapacitated for work for less than two years, your employer has a prohibition of termination. This means that your employer may not fire you during that period. Read more about reasons for dismissal.
If you have been ill or incapacitated for work for more than two years and it does not appear that you will be able to return to work with your employer in the short term, your employer can also submit a dismissal application to the UWV. He must, however, be able to demonstrate that:
* it is unlikely that you will return to work within six months;
* your job can be adjusted in such a way that you can still work;
* there are no other suitable activities for you within the organization that you could do.
The UWV usually engages an (insurance) doctor or occupational expert to obtain advice and assess the situation. Your employer must add a recent statement from the company doctor to the application for dismissal. Your employer must also have supported you sufficiently in your reintegration in the past year. If he has not done this, the UWV can oblige him to continue paying your wages for another year.
Ban on termination if you have been ill for less than two years
If you are ill or incapacitated for work for less than two years, your employer has a prohibition of termination. This means that your employer may not fire you during that period. Read more about reasons for dismissal.
What does a dismissal procedure at the UWV look like?
Your employer will be the first to submit an application for dismissal to the UWV. He must provide all necessary documentation. You will then receive the application for dismissal via the UWV. There is also a response form. Do you want to defend? Then you can do this within two weeks using this form. The UWV takes your defense into account in the assessment and makes a decision based on all documentation and argumentation.
Sometimes it is necessary to ask your employer again for a response and then to consult you again. If the application and your first defense are enough for the UWV, the dismissal procedure usually takes about four weeks. If the UWV has to collect more arguments from you or your employer or if you want to obtain (extra) external advice, the procedure can take more time.
Your employer will be the first to submit an application for dismissal to the UWV. He must provide all necessary documentation. You will then receive the application for dismissal via the UWV. There is also a response form. Do you want to defend? Then you can do this within two weeks using this form. The UWV takes your defense into account in the assessment and makes a decision based on all documentation and argumentation.
Sometimes it is necessary to ask your employer again for a response and then to consult you again. If the application and your first defense are enough for the UWV, the dismissal procedure usually takes about four weeks. If the UWV has to collect more arguments from you or your employer or if you want to obtain (extra) external advice, the procedure can take more time.
Dismissal permit, then what?
Once the UWV has completed the application for dismissal, you and your employer will be sent a decision on the dismissal permit at the same time. If the dismissal permit has been granted, it is valid for four weeks. This means that your employer must terminate the employment during this period, taking into account the notice period. The time required by the UWV to process the application for dismissal is deducted from this. But the notice period can never be shorter than one month.
Once the UWV has completed the application for dismissal, you and your employer will be sent a decision on the dismissal permit at the same time. If the dismissal permit has been granted, it is valid for four weeks. This means that your employer must terminate the employment during this period, taking into account the notice period. The time required by the UWV to process the application for dismissal is deducted from this. But the notice period can never be shorter than one month.
Still disagree with the resignation?
Do you still disagree with your dismissal despite the dismissal permit? Then you can go to court to challenge it within two months after your employment has ended. If you believe that the UWV has not acted properly, you can submit a complaint to this body yourself, but this does not change the decision about your dismissal. In any case, you will have to go to court for this.
Do you still disagree with your dismissal despite the dismissal permit? Then you can go to court to challenge it within two months after your employment has ended. If you believe that the UWV has not acted properly, you can submit a complaint to this body yourself, but this does not change the decision about your dismissal. In any case, you will have to go to court for this.
Dismissal through the subdistrict court
If your employer wants to get rid of you because he is no longer happy with you or there is some other kind of conflict between you, he can knock on the door of the cantonal judge. Of course that is not just possible; there must be good reasons to be able to fire you. Even if your employer wants to fire you if there is actually a ban on termination (such as in the event of illness or pregnancy), he can still try to get this done through the courts.
One of the reasons for your employer to fire you can be personal reasons. What do you think about 'personal reasons'?
* According to your employer, you are not functioning properly.
* There is a labor dispute.
* The employment relationship between you and your employer is disrupted.
* You have not adhered to the agreements you made when entering into your employment contract.
* You have behaved inappropriately (eg, lying, cheating, forgery, refusal to work).
* You are sick a lot and often.
In these cases, your employer can try to make agreements with you in a settlement agreement and thus lead to a dismissal by mutual consent. come. If this is not the case, your employer can dissolve your employment contract through the subdistrict court. He must, however, build up an extensive file with evidence that he has reasons to fire you.
Even if your dismissal procedure went through the UWV and a dismissal permit has been issued, you can still contest the dismissal through the subdistrict court. The same applies if your employer wants to fire you when you actually have protection against dismissal. This is the case, for example, if you are pregnant or if you are a member of the works council.
Does your employer want to go to court to fire you? Then make sure that you prepare well and that you have a number of cases in black and white, so that you stand strong when your case is brought to court.
* Let your employer know in writing that you are willing to continue doing your job, although your feeling most likely says otherwise. For example, the court cannot rule that you have refused to work.
* If you have been employed for more than two years and your dismissal is not due to directly culpable acts, you are in principle entitled to a transition payment . Check in advance how this is.
* Get legal help in advance, for example in the person of a lawyer. They can support you in the procedure.
The dismissal procedure at the subdistrict court is as follows:
* Your employer submits a request to the court to have your contract dissolved. In this petition he states the reason for the dismissal. The request must also be substantiated with a file in which your employer has built up evidence. Think, for example, of bank statements, letters, doctor's statements, reports of performance and assessment interviews .
* When the sub-district court has received the application, you will receive a copy of it.
* You can respond to the petition with a statement of defense, in which you explain your view on the situation. You can also explain why you think you deserve severance pay. It is not mandatory to submit such a statement of defence, you can also choose to only submit the defense orally in court. However, it is recommended if you absolutely do not agree with your dismissal.
* Both you and your employer will be called to court for a hearing, where you will both tell your story. If you have asked for severance pay in your defence, you must explain this, for example. You can also engage a legal specialist for this, who will speak on your behalf.
* The subdistrict court judge does not immediately pass judgment, but first gives you and your employer another chance to resolve the matter together. This is called 'arranging'. If it is indeed possible to reach mutual agreements after this, then a judgment of the subdistrict court is no longer necessary.
* If it is not successful, the subdistrict court judge makes a decision and decides on the dismissal and any compensation. This is done in writing within a few weeks after the hearing.
Do you disagree with the judge's verdict? Then you can challenge the decision by appealing to the Court of Appeal. This must be done within three months of the judgment being pronounced. You should always hire a lawyer for this. The court will reconsider the case and issue a new ruling. If you do not agree with this yet, you can bring the case before the Supreme Court. This is what you call 'appealing in cassation'.
If the court has ruled that your employer may fire you, your boss must still adhere to a notice period. If there is nothing in the law about this, statutory notice periods apply, which depend on the duration of your employment. The time that the proceedings before the sub-district court took depends on the notice period, but the period must still be at least one month. This means that you will continue to work for at least another month and will be paid, unless you agree on other agreements or the judge rules that the dismissal will take effect earlier.
It is also possible that not your employer, but you want to have a dismissal prevented by the subdistrict court. For example, if you feel that your employer has treated you in an improper way. You can then try to claim compensation through the court. Bullying at work can also be a reason to try to force your dismissal through the courts.
Reasons for dismissal proceedings at the subdistrict court
One of the reasons for your employer to fire you can be personal reasons. What do you think about 'personal reasons'?
* According to your employer, you are not functioning properly.
* There is a labor dispute.
* The employment relationship between you and your employer is disrupted.
* You have not adhered to the agreements you made when entering into your employment contract.
* You have behaved inappropriately (eg, lying, cheating, forgery, refusal to work).
* You are sick a lot and often.
In these cases, your employer can try to make agreements with you in a settlement agreement and thus lead to a dismissal by mutual consent. come. If this is not the case, your employer can dissolve your employment contract through the subdistrict court. He must, however, build up an extensive file with evidence that he has reasons to fire you.
Other reasons for dismissal in court
Even if your dismissal procedure went through the UWV and a dismissal permit has been issued, you can still contest the dismissal through the subdistrict court. The same applies if your employer wants to fire you when you actually have protection against dismissal. This is the case, for example, if you are pregnant or if you are a member of the works council.
Tips for dismissal via the subdistrict court
Does your employer want to go to court to fire you? Then make sure that you prepare well and that you have a number of cases in black and white, so that you stand strong when your case is brought to court.
* Let your employer know in writing that you are willing to continue doing your job, although your feeling most likely says otherwise. For example, the court cannot rule that you have refused to work.
* If you have been employed for more than two years and your dismissal is not due to directly culpable acts, you are in principle entitled to a transition payment . Check in advance how this is.
* Get legal help in advance, for example in the person of a lawyer. They can support you in the procedure.
What does the dismissal procedure at the subdistrict court look like?
The dismissal procedure at the subdistrict court is as follows:
* Your employer submits a request to the court to have your contract dissolved. In this petition he states the reason for the dismissal. The request must also be substantiated with a file in which your employer has built up evidence. Think, for example, of bank statements, letters, doctor's statements, reports of performance and assessment interviews .
* When the sub-district court has received the application, you will receive a copy of it.
* You can respond to the petition with a statement of defense, in which you explain your view on the situation. You can also explain why you think you deserve severance pay. It is not mandatory to submit such a statement of defence, you can also choose to only submit the defense orally in court. However, it is recommended if you absolutely do not agree with your dismissal.
* Both you and your employer will be called to court for a hearing, where you will both tell your story. If you have asked for severance pay in your defence, you must explain this, for example. You can also engage a legal specialist for this, who will speak on your behalf.
* The subdistrict court judge does not immediately pass judgment, but first gives you and your employer another chance to resolve the matter together. This is called 'arranging'. If it is indeed possible to reach mutual agreements after this, then a judgment of the subdistrict court is no longer necessary.
* If it is not successful, the subdistrict court judge makes a decision and decides on the dismissal and any compensation. This is done in writing within a few weeks after the hearing.
Appeal the verdict
Do you disagree with the judge's verdict? Then you can challenge the decision by appealing to the Court of Appeal. This must be done within three months of the judgment being pronounced. You should always hire a lawyer for this. The court will reconsider the case and issue a new ruling. If you do not agree with this yet, you can bring the case before the Supreme Court. This is what you call 'appealing in cassation'.
Dismissed through the subdistrict court, then what?
If the court has ruled that your employer may fire you, your boss must still adhere to a notice period. If there is nothing in the law about this, statutory notice periods apply, which depend on the duration of your employment. The time that the proceedings before the sub-district court took depends on the notice period, but the period must still be at least one month. This means that you will continue to work for at least another month and will be paid, unless you agree on other agreements or the judge rules that the dismissal will take effect earlier.
Submit a request for dismissal to the subdistrict court yourself
It is also possible that not your employer, but you want to have a dismissal prevented by the subdistrict court. For example, if you feel that your employer has treated you in an improper way. You can then try to claim compensation through the court. Bullying at work can also be a reason to try to force your dismissal through the courts.
Transition allowance: what is it and when are you entitled to it?
If your employer wants to fire you and thus terminate your contract, in most cases he has to pay you compensation for this. This compensation is also referred to as the severance or transition compensation. When are you entitled to this? And what amount should you count on?
A transition payment is compensation that your employer has to pay you for the money that you lose if you are fired. You can use the transition payment as a compensation for the lack of salary that you have until you have new work or for an education that increases the chance of another job.
You are entitled to a transition payment in the event of dismissal if the following applies to you:
* You have been employed by the employer for at least two years.
* There is a forced redundancy; you therefore do not leave of your own accord
* The dismissal did not arise from culpable behavior on your part (for example: theft, fraud, threats, abuse, etc.)
Have you been working for an employer for more than two years and have you had a temporary contract that is not extended? In that case you are also entitled to a transition payment. It is calculated in the same way.
If you conclude a settlement agreement with your employer, a transition payment is not mandatory. You will then make agreements together about how to handle the dismissal. A transition payment can be part of the agreements, but that is not necessary. See also the information below. If your employer comes up with a settlement agreement, never sign it immediately. Always check first whether you can come out more favorable. Read more tips on dismissal.
The law lays down a few things about the minimum amount of the transition payment. The compensation is calculated on the basis of the period that you have been employed and your gross monthly salary. Your gross salary includes not only your monthly salary, but also:
* your holiday allowance
* any end-of-year bonus or 13th month
* any shift or overtime allowance (add everything from the last year together and divide by twelve)
* any profit payments, bonuses or variable year-end bonus (add everything from the last three years together and divide by 36)
To find out what your gross monthly salary is on which the transition payment is based, you add all these parts together. You will calculate with that gross salary.
The amount of the transition payment is based on time blocks of six months. You must have been employed for the full six months to receive compensation for that period. For example, if you work somewhere for five years and four months, those last four months are not included in the calculation.
What does the calculation of the transition payment look like?
* You will receive 1/6 of your monthly salary per six months worked over the first ten years that you have been employed (that is 1/3 of your monthly salary per year).
* You will receive 1/4 of your monthly salary for every six months after the tenth year that you have been employed (that is half of your monthly salary per year).
Please note: until 2020 a different arrangement applies to people over 50. After the tenth year of service, you will receive not a quarter, but half of your monthly salary for every six months after you have turned fifty. So if you have been employed for eleven years, you will receive a full annual salary for the eleventh year.
Suppose you have been employed by your employer for four years and seven months. Your most recently earned salary is 2,000 euros gross per month. You are therefore entitled to:
⅙ x 2,000 x 9 (because 4 years and 7 months = 9 half years) **3,000 euros**
If you have worked for your employer for fourteen years and you earn 4,000 euros gross per month, the transition payment will be as follows:
⅙ x 4,000 x 20 3,333 euros
¼ x 4,000 x 8 8,000 euros
**Total** **21,333 euros**
On the website of the central government you can use a calculation tool that helps you map the amount of your transition allowance.
There is a legal maximum to the transition payment; since 1 January 2019 that is 81,000 euros gross per year. If your salary is higher than this amount, your gross annual salary will be the maximum amount.
If your employer submits a settlement agreement to you, he can determine the amount of the transition payment himself. Because this procedure runs separately from the court or the UWV, and your employer saves costs as a result, the compensation may be higher in the event of a dismissal with a settlement agreement. It can therefore sometimes be more interesting to opt for this than to have the procedure run through the UWV or the subdistrict court.
Your employer must pay the transition payment within one month after you left employment. If this is not possible for economic reasons, then this is also possible in installments, spread over six months. In that case, he will owe you an interest of 2% in each month that he pays the compensation after the first month.
What is a transition payment?
A transition payment is compensation that your employer has to pay you for the money that you lose if you are fired. You can use the transition payment as a compensation for the lack of salary that you have until you have new work or for an education that increases the chance of another job.
When are you entitled to a transition payment?
You are entitled to a transition payment in the event of dismissal if the following applies to you:
* You have been employed by the employer for at least two years.
* There is a forced redundancy; you therefore do not leave of your own accord
* The dismissal did not arise from culpable behavior on your part (for example: theft, fraud, threats, abuse, etc.)
Have you been working for an employer for more than two years and have you had a temporary contract that is not extended? In that case you are also entitled to a transition payment. It is calculated in the same way.
Transition payment not required in the case of a settlement agreement
If you conclude a settlement agreement with your employer, a transition payment is not mandatory. You will then make agreements together about how to handle the dismissal. A transition payment can be part of the agreements, but that is not necessary. See also the information below. If your employer comes up with a settlement agreement, never sign it immediately. Always check first whether you can come out more favorable. Read more tips on dismissal.
How is the transition payment calculated?
The law lays down a few things about the minimum amount of the transition payment. The compensation is calculated on the basis of the period that you have been employed and your gross monthly salary. Your gross salary includes not only your monthly salary, but also:
* your holiday allowance
* any end-of-year bonus or 13th month
* any shift or overtime allowance (add everything from the last year together and divide by twelve)
* any profit payments, bonuses or variable year-end bonus (add everything from the last three years together and divide by 36)
To find out what your gross monthly salary is on which the transition payment is based, you add all these parts together. You will calculate with that gross salary.
Formula of the transition payment
The amount of the transition payment is based on time blocks of six months. You must have been employed for the full six months to receive compensation for that period. For example, if you work somewhere for five years and four months, those last four months are not included in the calculation.
What does the calculation of the transition payment look like?
* You will receive 1/6 of your monthly salary per six months worked over the first ten years that you have been employed (that is 1/3 of your monthly salary per year).
* You will receive 1/4 of your monthly salary for every six months after the tenth year that you have been employed (that is half of your monthly salary per year).
Please note: until 2020 a different arrangement applies to people over 50. After the tenth year of service, you will receive not a quarter, but half of your monthly salary for every six months after you have turned fifty. So if you have been employed for eleven years, you will receive a full annual salary for the eleventh year.
Example calculation transition payment
Suppose you have been employed by your employer for four years and seven months. Your most recently earned salary is 2,000 euros gross per month. You are therefore entitled to:
⅙ x 2,000 x 9 (because 4 years and 7 months = 9 half years) **3,000 euros**
If you have worked for your employer for fourteen years and you earn 4,000 euros gross per month, the transition payment will be as follows:
⅙ x 4,000 x 20 3,333 euros
¼ x 4,000 x 8 8,000 euros
**Total** **21,333 euros**
On the website of the central government you can use a calculation tool that helps you map the amount of your transition allowance.
Maximum transition allowance
There is a legal maximum to the transition payment; since 1 January 2019 that is 81,000 euros gross per year. If your salary is higher than this amount, your gross annual salary will be the maximum amount.
Transition compensation for a settlement agreement: higher or lower?
If your employer submits a settlement agreement to you, he can determine the amount of the transition payment himself. Because this procedure runs separately from the court or the UWV, and your employer saves costs as a result, the compensation may be higher in the event of a dismissal with a settlement agreement. It can therefore sometimes be more interesting to opt for this than to have the procedure run through the UWV or the subdistrict court.
When will you receive the transition payment?
Your employer must pay the transition payment within one month after you left employment. If this is not possible for economic reasons, then this is also possible in installments, spread over six months. In that case, he will owe you an interest of 2% in each month that he pays the compensation after the first month.
Comments
Post a Comment