Dutch employment law includes strict legal rules governing dismissal. Certain collective labour agreements or employment contracts allow for some deviation from those rules, in specific cases, and these are indeed commonly used. As a consequence, it is not always clear what requirements each party must meet, to ensure that a termination or dismissal is carried out 'in accordance with the rules'.
In many cases, an employment contract cannot simply be terminated. The necessity of the termination must be determined in advance, by the cantonal court or the Employee Insurance Agency (UWV). This is done in dismissal proceedings. In other cases, the parties together choose to reach an agreement on a termination of the employment, which agreements are laid down in a legal termination agreement (also known as a settlement agreement). In all of these cases, the lawyers at DingemansVanderKind can advise all parties on applicable rights and obligations, and any necessary steps to be taken. Conducting dismissal proceedings is daily practice for us.