Ministry of Foreign Affairs | Termination of employment in the Netherlands

At the embassy a lot of visa requests are processed. That’s why they have a number of employees working in a separate visa department. One of those employees is Irina. Irina has a Dutch employment contract. She’s been at home on sick leave for the last two years. They miss her dearly: not only for her hard-working attitude, but also for the tasty cookies she always brought to work on Fridays.
For the last two years, the embassy has followed the Dutch social security regulations, which are described in our other video entitled ‘Sick Employee’. As her employer, the embassy has fulfilled its responsibility to help Irina return to work. Unfortunately, the situation hasn’t changed and Irina is still at home on sick leave. Now the Employee Insurance Agency - UWV for short - will provide social security benefit to replace her salary and the embassy can legally terminate Irina’s employment contract.
But how does termination of an employment contract work in the Netherlands for an employee who has been on sick leave for at least two years? There are two options: the employee and the employer can agree to end the contract by mutual consent or the employer can file a request for unilateral termination.
Mutual consent means both parties agree the conditions of termination together. It’s common for the employer to pay financial compensation. In most cases, this is the easiest way to terminate employment. And it doesn’t affect Irina’s social security entitlements.
If the embassy and the employee cannot reach agreement, the embassy can file a request with the UWV for unilateral termination of employment by completing a special form. The embassy uses the form to provide the UWV with the right information. So exactly what information does UWV need?
• Is the employee unable to work due to sickness or disability?
• Is recovery within 26 weeks to be expected?
• Are there other work opportunities at the embassy?
After a fair hearing, the UWV can approve the embassy’s request for unilateral termination. This approval is valid for four weeks. Irina is now entitled by law to a transition payment. Because Irina has been sick for two years, the embassy can request compensation for the transition payment from the UWV. Knowing that the Dutch social security system is complex, the embassy hires an administrative office to guide them through the process and do the paperwork.
Both options are compliant with Dutch law. Luckily, Irina and the embassy have agreed to part ways by mutual consent. The embassy played an important role in making that possible by communicating with Irina and listening to her needs. This is not only good employment practice, it also saves the embassy time and money which it would otherwise have to spend on extensive judicial procedures.
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Film made by Bord&Stift.
Text: Daniel
Illustrations: Floris
Editor: Daniel
Voice-over: Laura
Project planner: Hidde
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