Being forced to resign - a form of unlawful dismissal
If your employer is putting pressure on you to resign - through threats, exclusion, demotion, impossible targets, or a hostile work environment - you may be facing what is known as constructive dismissal (situatie onwerkbaar gemaakt door de werkgever). In the Netherlands, an employer who deliberately makes the employment situation untenable to force an employee out without going through the proper dismissal procedure acts unlawfully. You do not have to resign, and resigning under pressure may cost you your right to WW unemployment benefits.
The critical legal point is this: if you resign voluntarily, the UWV will generally treat this as verwijtbare werkloosheid (self-caused unemployment) and you will not receive WW. The employer knows this and may count on it to pressure you into leaving cheaply. Do not resign without first consulting an employment lawyer - there are legal routes that protect both your job and your WW entitlement.
Steps to take if you are being pressured to resign in the Netherlands
- Document everything. Keep records of all communications, emails, and incidents that demonstrate the employer's conduct. This evidence is essential for any legal proceedings.
- Do not resign. Stay in employment while you explore your legal options. Once you resign, most of your protections under Dutch employment law are significantly weakened.
- Put the situation in writing. Write to your employer formally, stating that you find the situation untenable and holding the employer responsible (in gebreke stellen). This creates a legal record.
- Seek legal advice immediately. An employment lawyer can assess whether the employer's conduct constitutes a breach of the duty of good employer conduct (goed werkgeverschap, Article 7:611 of the Dutch Civil Code) and advise on the legal options - which may include negotiating a settlement agreement on your terms or court proceedings for constructive dismissal.
Negotiating a settlement instead of resigning under Dutch law
If the employment relationship has truly broken down, the best outcome is often a settlement agreement negotiated on terms that include the full transition payment and WW-compliant wording - rather than a resignation on the employer's terms. An employment lawyer can negotiate this on your behalf from a position of legal strength.
If an employer deliberately makes the employment situation untenable, the employee may request the subdistrict court to dissolve the contract under Article 7:671c of the Dutch Civil Code on the basis of circumstances that make continuation of the employment unreasonable; if the court finds that the employer acted seriously culpably, it awards both the transition payment and fair compensation (billijke vergoeding). Resigning voluntarily without pursuing this route risks being treated by the UWV as verwijtbare werkloosheid (self-caused unemployment), leading to a full WW sanction. The better strategy is usually to remain in employment, put the situation formally in writing to create a legal record, and negotiate a settlement agreement that includes the transition payment and WW-compliant wording.
If an employer deliberately makes the employment situation untenable, the employee may request the subdistrict court to dissolve the contract under Article 7:671c of the Dutch Civil Code on the basis of circumstances that make continuation of the employment unreasonable; if the court finds that the employer acted seriously culpably, it awards both the transition payment and fair compensation (billijke vergoeding). Resigning voluntarily without pursuing this route risks being treated by the UWV as verwijtbare werkloosheid (self-caused unemployment), leading to a full WW sanction. The better strategy is usually to remain in employment, put the situation formally in writing to create a legal record, and negotiate a settlement agreement that includes the transition payment and WW-compliant wording.