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Dismissing staff is always possible, but the method determines the costs and risks. The cheapest and surest route is often termination by mutual consent via a settlement agreement; alternatively, you can terminate employment during the probationary period or, with permission, via the UWV or the subdistrict court.
Canceling during the probationary period
During a valid probationary period, you can terminate the employment contract immediately, without a notice period and without grounds for dismissal. However, ensure that the probationary clause is legally valid; if the clause is invalid, the dismissal is not.
Termination by mutual agreement
Often the calmest route: you make agreements together in a settlement agreement, including a termination date and usually compensation. This way, you avoid legal proceedings and keep the outcome in your own hands. The employee has a statutory cooling-off period to withdraw their consent.
Dismissal via the UWV or the subdistrict court
If you are unable to reach an agreement mutually, you require permission. In the case of dismissal for economic reasons or long-term disability, you go to the UWV; for other grounds, such as poor performance or a strained employment relationship, you go to the sub-district court. You must thoroughly substantiate the grounds with a file.
Limit costs with a good file
The amount of compensation depends on the process and your file. A complete file—warnings, an improvement plan, reports—reduces the risk of high compensation or a rejected dismissal. Therefore, prepare yourself well.
Frequently Asked Questions
What is the cheapest way to fire someone?
Often a termination by mutual consent via a settlement agreement: it avoids legal proceedings and you remain in control of the outcome.
Do I always have to pay a transition payment?
In principle, a transition payment is due upon dismissal. With a settlement agreement, you agree on the compensation yourself.
Can I fire someone without reason?
Only during the probationary period. Outside of that, you need a valid ground and often permission from the UWV or the subdistrict court.
Say goodbye neatly and affordably?
Our legal experts and lawyers choose the best route and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
