Bringing an unfair dismissal claim in the Netherlands
If you have been dismissed and you believe the dismissal was unlawful or unfair, you have the right to challenge it before the kantonrechter. Dutch employment law provides several grounds on which a dismissal can be challenged. Understanding which ground applies to your situation - and acting within the strict time limits - is essential to protecting your rights.
The main grounds for an unfair dismissal claim in the Netherlands are:
- Invalid dismissal ground: The employer relied on a dismissal ground under Article 7:669 of the Dutch Civil Code that was not adequately substantiated - for example, claiming performance issues (disfunctioneren) without a proper improvement plan, or claiming reorganisation without genuine economic necessity.
- Breach of a prohibition on dismissal: The employer dismissed during a period when dismissal is prohibited by law - for example, during sick leave, pregnancy, parental leave, or membership of the works council (Article 21 WOR).
- Employer's seriously culpable conduct: The employer acted so unlawfully that fair compensation is warranted in addition to the transition payment.
- Invalid summary dismissal: The requirements for ontslag op staande voet were not met.
Time limits - do not delay
The time limits for contesting dismissal in the Netherlands are strict and are vervaltermijnen (expiry periods) - they cannot be extended. For UWV dismissals (permission-based dismissal), you have two months to request reinstatement or damages. For summary dismissal, you have two months to request annulment. For dissolution by the subdistrict court, you have three months to appeal. Missing any of these limits is fatal to your claim.
What you can recover under Dutch dismissal law
A successful unfair dismissal claim can result in: reinstatement of the employment; the transition payment if it was withheld; fair compensation (billijke vergoeding); and damages for breach of the prohibition on dismissal. An employment lawyer can assess the strength of your claim and the likely financial outcome before you decide whether to litigate.
All dismissal proceedings before the subdistrict court are initiated by petition under Article 7:686a(2) of the Dutch Civil Code; they must generally be filed within two or three months of the termination, and the subdistrict court must commence proceedings within four weeks of receiving the request (Article 7:686a(4)(5) BW). If the Court of Appeal finds that an employer rescission request was wrongly granted or that the employee annulment request was wrongly refused, it may order reinstatement or award fair compensation (Article 7:683(3) of the Dutch Civil Code); appeals do not automatically suspend first-instance decisions (Article 7:683(1) of the Dutch Civil Code), so obtaining interim relief remains important even where an appeal is lodged. The vervaltermijnen for challenging dismissal cannot be extended under any circumstances, distinguishing them from the ordinary five-year limitation periods for wage claims under Article 3:308 of the Dutch Civil Code.
All dismissal proceedings before the subdistrict court are initiated by petition under Article 7:686a(2) of the Dutch Civil Code; they must generally be filed within two or three months of the termination, and the subdistrict court must commence proceedings within four weeks of receiving the request (Article 7:686a(4)(5) BW). If the Court of Appeal finds that an employer rescission request was wrongly granted or that the employee annulment request was wrongly refused, it may order reinstatement or award fair compensation (Article 7:683(3) of the Dutch Civil Code); appeals do not automatically suspend first-instance decisions (Article 7:683(1) of the Dutch Civil Code), so obtaining interim relief remains important even where an appeal is lodged. The vervaltermijnen for challenging dismissal cannot be extended under any circumstances, distinguishing them from the ordinary five-year limitation periods for wage claims under Article 3:308 of the Dutch Civil Code.