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UWV Dismissal Approval Procedure in Amsterdam

Discover the UWV dismissal approval procedure in Amsterdam: protect your rights during restructuring or illness. Seek advice from the Amsterdam Legal Desk. (128 characters)

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The UWV Approval Procedure for Dismissal in Amsterdam

The UWV approval procedure is a fundamental aspect of Dutch employment law and is mandatory for employers in Amsterdam who wish to dismiss an employee at their own initiative, such as due to business economic reasons or long-term illness. This procedure safeguards the rights of Amsterdam employees and provides an independent review by the UWV. For Amsterdam residents, it is important to note that this does not apply to dismissals for misconduct, which are handled through the Amsterdam District Court. For questions about your situation, you can contact the Amsterdam Legal Desk for free advice.

What Does the UWV Approval Procedure Entail for Amsterdam Residents?

Under the UWV approval procedure, an employer in Amsterdam must submit a dismissal application to the Dutch Employee Insurance Agency (UWV) if the dismissal cannot be processed through the sub-district court in Amsterdam. This applies, for example, in cases of restructuring in Amsterdam’s dynamic economy, such as in the hospitality or tech sectors, or when an employee has been ill for more than two years. The UWV assesses whether the dismissal is reasonable and whether rules like the mirror principle—which protects older employees—have been followed. Without approval, the dismissal is invalid, and as an employee in Amsterdam, you can challenge it through the Amsterdam District Court.

This regulation prevents unfair dismissals and protects the local labor market. For small Amsterdam businesses with fewer than 25 employees, an exemption from the mirror principle may apply, but UWV approval is usually still required. The process typically takes 4 to 8 weeks, depending on the specifics.

Legal Basis of the UWV Approval Procedure

The UWV approval procedure is governed by the Employment and Security Act (WWZ) and the Dutch Civil Code (BW), and applies fully to employers and employees in Amsterdam. Key legal provisions include:

  • Article 7:669(1) BW: Requires employers in Amsterdam to seek UWV approval for dismissals based on non-personal grounds, such as economic reasons in the city.
  • Article 7:671 BW: Outlines the procedure for dismissals after two years of illness, with attention to reintegration in the Amsterdam context.
  • Article 7:670 BW: Assesses the fairness of the dismissal and obligations such as the transition compensation.

The Employment Simplification Act (Wwz) replaced the old permit system with this approval process in 2015. The UWV considers collective labor agreements (CAOs) and the Works Council Act (WOR) for works council advice. In case of violations, you, as an Amsterdam resident, can claim compensation through the Amsterdam District Court. The Municipality of Amsterdam offers additional support through employment programs.

The UWV Approval Procedure in Steps for Amsterdam

The UWV approval procedure follows a structured process and is accessible to all Amsterdam residents. Here’s an overview:

  1. Employer Preparation: The employer must first explore internal relocation options, such as transferring to another branch in Amsterdam. In cases of restructuring, the mirror principle applies to protect older employees.
  2. Submitting the Application: The employer submits the request to the UWV via the online portal, including documents such as a social plan, works council advice, and a mirror principle calculation. This must be done at least one month before the dismissal date.
  3. Hearing and Cross-Examination: The UWV organizes a hearing (by phone or in Amsterdam), where you, as the employee, can present objections and provide evidence. The UWV assesses fairness.
  4. Assessment and Decision: Within four weeks, the UWV makes its decision. If approved, you receive a dismissal permit; if rejected, the employer can file an objection within six weeks.
  5. Executing the Dismissal: With approval, the termination can proceed, including the notice period. As an Amsterdam employee, you are entitled to transition compensation and may receive support from the Municipality of Amsterdam in finding new work.

If the procedure is not followed correctly, the Amsterdam District Court may declare the dismissal invalid, with back pay until re-employment.

Practical Examples of the UWV Approval Procedure in Amsterdam

Consider an Amsterdam retail chain undergoing restructuring due to tourism pressure. The employer wants to dismiss five employees for economic reasons and submits a UWV application with a mirror principle calculation. After the hearing, the UWV approves the dismissal without discrimination, and the employees receive transition compensation plus unemployment benefits.

Another case: An employee in an Amsterdam office has been ill for two years after a tram accident. The employer requests UWV approval after reintegration efforts, such as a trial placement with a local partner. If approved, the contract ends, but the employee retains WIA (Disability Insurance) rights.

In a mistake scenario: An employer in the Amsterdam hospitality sector ignores works council advice and incorrectly requests UWV approval for misconduct. The UWV rejects the request, and the employee wins three months’ salary in compensation through the Amsterdam District Court.

Rights and Obligations in the UWV Approval Procedure

Rights of the Amsterdam Employee

  • Right to be heard: Present your case and provide evidence during the hearing.
  • Right to transition compensation: 1/3 of monthly salary per year of service upon dismissal.
  • Right to unemployment benefits: After being declared unemployed, with local support from the Municipality of Amsterdam.
  • Right to object: Against UWV decisions within six weeks to the administrative court.

Obligations of the Employer

  • Reintegration efforts: Minimum 104 weeks, with UWV reporting.
  • Comply with the mirror principle: Unless exempted for small Amsterdam businesses.
  • Offer alternative work: Before submitting the application.

For a comparison between the UWV and the sub-district court in Amsterdam, or for personalized advice, contact the Amsterdam Legal Desk.

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