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Arbeidsrecht

UWV Dismissal Procedure in Utrecht

Everything about the UWV dismissal procedure in Utrecht: when is permission required, how does the procedure work, and what are your rights as an employee? Read more about notice periods and objection at the District Court of Midden-Nederland.

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UWV Dismissal Procedure in Utrecht

For dismissal due to business economic reasons or long-term disability, an employer must obtain permission from the UWV.

When is UWV permission required?

  • Business economic circumstances (such as reorganization or financial problems)
  • Long-term illness (after a period of 2 years)

Steps in the Procedure

  1. Submit application: The employer applies for dismissal with the UWV
  2. Employee's response: The employee has 14 days to respond
  3. Additional round: If necessary, UWV asks additional questions
  4. Decision: UWV makes a decision within 4 to 8 weeks

What after approval?

Upon approval, the employer may proceed to termination, taking into account the notice period (at least 1 month after deduction of the procedure time).

Submitting an objection

Within 2 months, an objection to the UWV decision can be filed with the subdistrict court, for example at the District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.

Legal basis: Dismissal rules, Article 7:671a DCC

Frequently asked questions about dismissal

What are my rights as an employee in Utrecht?

You are entitled to a safe workplace, minimum wage, vacation days with pay, and protection against unequal treatment or discrimination.

Can my employer dismiss me without reason?

No, dismissal often requires UWV approval and a valid reason. Prior warnings are usually necessary.

How many vacation days do I get paid?

You are entitled to at least 20 paid vacation days per year, unless otherwise stated in your employment contract. Taking them must be possible upon request.

What is a collective labour agreement and what does it mean for me?

A CLA (collective labour agreement) records agreements between employers and trade unions on, among other things, salary, working hours and other employment conditions.

What if I get sick?

In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of sickness.

Frequently asked questions specifically about the UWV procedure

When must an employer involve the UWV for dismissal?
An employer must apply for UWV permission for dismissal due to business economic reasons (such as a reorganization) or in case of long-term incapacity for work after two years of illness. Without this permission, the dismissal is not valid. As an employee, you can always respond in writing to the application.

How long does a dismissal procedure via the UWV take?
The procedure usually takes 4 to 8 weeks. The employer submits an application, after which you as an employee have two weeks to respond. If the UWV has additional questions, the duration may increase. Take this into account for your planning.

What if the UWV approves my dismissal?
Upon approval, you can appeal to the subdistrict court within two months, such as at the District Court of Midden-Nederland in Utrecht. You are entitled to a minimum notice period of one month after deduction of the procedure time. Legal advice can help explore options such as compensation.

Am I entitled to compensation for dismissal via UWV?
A transition payment is not standard for UWV dismissal, but may be awarded if the employer fails to meet relocation obligations or acts seriously culpably. Consult a lawyer in Utrecht, for example via the Juridisch Loket Utrecht at Catharijnesingel 55, to assess your chances.

What if I disagree with my employer's response?
If you dispute your employer's response to your defense, you can report this to the UWV. They take all input into account in their assessment and may hold an additional round for more information. Ensure good substantiation with documents.

How do I determine my notice period after UWV approval?
The notice period starts after UWV permission and is at least one month, depending on your contract or CLA. The UWV procedure time is deducted from this. For example: if the procedure took 5 weeks, at least 3 weeks notice period remains.

What to do if my employer announces dismissal without UWV permission?
If your employer threatens dismissal without UWV permission, you can seek legal assistance, for example via the Juridisch Loket Utrecht at Catharijnesingel 55, to protect your rights.