Strict deadlines for challenging dismissal in the Netherlands - act immediately
If you have been dismissed in the Netherlands and you believe the dismissal was unlawful, you must act immediately. Dutch dismissal law imposes strict vervaltermijnen (expiry periods) for challenging a dismissal. Unlike limitation periods (verjaringstermijnen), which can sometimes be interrupted or extended, expiry periods cannot be extended under any circumstances. Once they expire, your right to challenge the dismissal is gone - regardless of how strong your case would have been.
The most important deadlines are:
- Two months to request annulment (vernietiging) of a summary dismissal before the subdistrict court (Article 7:686a(4)(a) BW).
- Two months to challenge a UWV-permission dismissal and request reinstatement or damages (Article 7:682 or 7:681 BW).
- Three months to appeal a subdistrict court dissolution judgment to the Court of Appeal.
- Three months to claim the transition payment if the employer has withheld it (Article 7:686a(4)(b) BW).
Why speed matters in Dutch dismissal cases
Beyond the formal time limits, speed matters for practical reasons too. Evidence becomes harder to gather over time. The employer may argue that the employee's delay indicates acceptance of the dismissal. In kort geding proceedings for urgent wage relief, urgency weakens with every passing week. And in settlement negotiations, an employee who has acted quickly - filed a kort geding, written formal letters - is in a much stronger negotiating position than one who has waited.
What to do on the day of dismissal in the Netherlands
On the day you are dismissed (or the next working day), contact an employment lawyer. They will assess whether the dismissal is valid, identify the applicable time limits, and if necessary file an emergency kort geding within days. Do not wait to see what happens. In dismissal disputes, every day of delay works against the employee.
The two-month period to request annulment of a summary dismissal (Article 7:686a(4)(a) BW) and the two-month period to challenge a UWV-permission dismissal are both vervaltermijnen: they cannot be interrupted or extended under any circumstances, unlike the five-year limitation periods for ordinary wage claims under Article 3:308 of the Dutch Civil Code. The three-month period to appeal a subdistrict court dissolution judgment to the Court of Appeal is equally strict, and an appeal does not suspend the execution of the dissolution decision, so interim measures may still be necessary after filing. All dismissal proceedings before the subdistrict court and the Court of Appeal are initiated by petition, not by writ of summons (Article 7:686a(2) of the Dutch Civil Code), which allows them to be filed and scheduled quickly.
The two-month period to request annulment of a summary dismissal (Article 7:686a(4)(a) BW) and the two-month period to challenge a UWV-permission dismissal are both vervaltermijnen: they cannot be interrupted or extended under any circumstances, unlike the five-year limitation periods for ordinary wage claims under Article 3:308 of the Dutch Civil Code. The three-month period to appeal a subdistrict court dissolution judgment to the Court of Appeal is equally strict, and an appeal does not suspend the execution of the dissolution decision, so interim measures may still be necessary after filing. All dismissal proceedings before the subdistrict court and the Court of Appeal are initiated by petition, not by writ of summons (Article 7:686a(2) of the Dutch Civil Code), which allows them to be filed and scheduled quickly.