When a company has a presence in multiple jurisdictions across Europe, navigating the myriad legal requirements can be daunting. In the Netherlands different rules apply to the dismissal of a statutory (managing) director than to the dismissal of a normal employee. The dismissal is unfair basically because the employer failed to follow a fair procedure, but there was a good enough reason for dismissal; An employee could get up to 12 months’ wages as compensation for unfair dismissal (procedural or substantive unfairness). ... Netherlands Employment and HR Contract of Employment Unfair/ Wrongful Dismissal. Employees can be dismissed summarily only for compelling reasons. Netherlands :: Unfair dismissal A dismissal may be contested on a number of grounds, e … Please login to view this content or become a member by joining now . This study was published before the pandemic. The dismissal prohibition was originally designed as an economic measure, allowing the government to regulate the labour market. In the Netherlands, one can appeal a district court’s decision and, if necessary, lodge an appeal with the Supreme Court. A structured guide to termination law in the Netherlands covering notice, redundancies, dismissal and protections. In other countries, such as France, for example, a formal dialogue between employer and employee must take place prior to dismissal. Recruitment and dismissal can be problematic for businesses, particularly when employers are unaware of the legal consequences of their actions. In the Netherlands, even the courts are involved to explain the reasons for the dismissal. The situation differs for dismissal without objective reasons, as in most of the countries it means a severance indemnity or other legal indemnity (e.g., indemnity for unfair dismissal) is due. However, in the course of time, its purpose has changed, becoming a social measure aimed at protecting employees (the weaker party) against unfair dismissal by their employer (the stronger party). Netherlands: The Netherlands: ... is an important question because a managing director under the articles of association enjoys less protection from dismissal than does a "regular" employee. Although there are various employment laws that apply at the European level, the implementation of those […] In only three of the countries, only an indemnity in lieu of notice is payable. … Summary dismissal in the Netherlands is quite rare. Summary dismissal. A director has a special position within the company as an executive officer and therefore this warrants less stringent rules for terminating his or … •Amongst others, a recent study by The Netherlands Scientific Council for Government Policy (WRR) underlines the need for more activating and inclusive labour market policy since there’sstill 1.6 million people ‘in the system’. An employment law guide to termination of employment in the Netherlands, covering notice periods, summary dismissal, dismissal with authorisation from the UWV (regional employment office), dismissal by court ruling, redundancy, unfair/unlawful dismissal and severance compensation. This does not apply in Belgium. Countries, only an indemnity in lieu of notice is payable Wrongful dismissal countries, an. Wrongful dismissal designed as an executive officer and therefore this warrants less stringent rules terminating... Statutory ( managing ) director than to the dismissal of a normal.. 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