What to expect from an employment law consultation in the Netherlands
If you are facing an employment dispute - whether you have received a settlement agreement, been dismissed while sick, or are dealing with a forced resignation attempt - an employment law consultation is often the most important first step. Understanding what happens during a consultation, and how to prepare for it, allows you to make the most of the time with your lawyer and get the clearest possible advice for your situation.
In a first consultation, the employment lawyer will typically: (1) listen to your account of the situation; (2) ask targeted questions to identify the relevant legal framework; (3) assess the strength of your legal position; (4) explain the options available to you, including the risks and costs of each; and (5) advise on the recommended course of action and immediate steps. The consultation usually lasts between 30 and 60 minutes. Some lawyers offer a free initial consultation, particularly for employees who have received a settlement agreement.
What to bring to an employment law consultation in the Netherlands
To get the most from your consultation, bring the following documents:
- Your employment contract and any amendments or annexes.
- The settlement agreement, dismissal letter, or other document you have received.
- Relevant correspondence with your employer (emails, letters, WhatsApp if relevant).
- Any performance reviews, warnings, or disciplinary letters.
- Your payslips for the last three months (for transition payment calculation).
- Any sick leave documentation if illness is a factor.
After the consultation: next steps under Dutch law
After the consultation, the lawyer will usually send a follow-up email summarising the advice and proposed next steps. If you decide to proceed, a fee arrangement will be agreed. Many employment lawyers in the Netherlands offer fixed fees for specific tasks such as settlement agreement review and negotiation, or act under legal aid if you qualify. A consultation is the starting point - the sooner you get one, the more options remain open to you.
Dutch employment law is primarily codified in Book 7, Title 10 of the Burgerlijk Wetboek (Articles 7:610-7:691 CC), and significantly reformed by the Wet werk en zekerheid (WWZ) in 2015 which introduced the current dual-track dismissal system (UWV route and subdistrict court route) and the transition payment. A well-prepared consultation with the relevant documents allows the lawyer to assess the applicable dismissal route, calculate the transition payment entitlement under Article 7:673 of the Dutch Civil Code, identify any applicable dismissal prohibition, and advise on whether the employer has complied with reintegration obligations.