Blameworthy Unemployment in Amsterdam: What Does It Entail?
In Amsterdam, with its vibrant job market in sectors like tourism, finance, and tech, losing your job due to your own actions can have serious consequences. Blameworthy unemployment means losing your job because of your own behavior or decisions, such as resigning without a valid reason or engaging in inappropriate conduct at work. This directly affects your unemployment benefit, as the UWV may impose sanctions. In this article for Amsterdam residents, we explain the rules, provide local examples, and offer tips to avoid issues, including advice from the Legal Aid Office Amsterdam.
Legal Basis of Blameworthy Unemployment
Dutch employment law defines blameworthy unemployment in the Unemployment Insurance Act (WW), particularly in Article 17 and following. This law provides benefits for unemployment but denies them if the unemployment is your own fault. In Amsterdam, where many expats and flexible workers are present, this can result in no or reduced benefits for up to two years.
The regulations are based on the principle that government support is only available if the unemployment is not your fault. The UWV assesses blameworthiness based on the circumstances, as outlined in Article 18 of the WW. They evaluate whether your actions were reasonable: did you have a compelling reason to resign, or was your workplace behavior unacceptable? Rulings from the Central Appeals Board emphasize that this is judged on a case-by-case basis, considering your personal situation in a city like Amsterdam.
The Civil Code on Employment Contracts (Article 7:670 BW) is also relevant in cases of dismissal by your employer. If your employer in Amsterdam terminates your contract due to blameworthy conduct, such as theft in a hotel or aggression in a café, it impacts your rights to unemployment benefits.
When Does Blameworthy Unemployment Apply in Amsterdam?
Unemployment is considered blameworthy if you resign without a valid reason or are dismissed due to your own fault. The UWV uses various scenarios, often relevant to Amsterdam's work environments. Here are some typical examples:
- Resigning without necessity: For example, quitting because you found a trendy job in the Jordaan while your current role in the Zuidas is perfectly manageable.
- Misconduct: Such as consistently arriving late by bike in heavy traffic, stealing from a museum shop, violence in a nightclub, or sharing sensitive data in a startup.
- Rejecting solutions: If your employer in Amsterdam suggests mediation for a team conflict but you ignore it.
- Immediate dismissal: Due to your own fault, such as discrimination against tourists or fraud in the financial sector, as regulated in Article 7:677 BW.
Unemployment is not blameworthy in cases like economic reasons, such as a café closing due to the pandemic, or resigning for a compelling reason, such as ongoing harassment on a construction site or health risks in the harbor. The UWV reviews this on an individual basis, often through an interview at their Amsterdam office.
Impact on Your Unemployment Benefit as an Amsterdam Resident
If the UWV considers you blameworthy unemployed, a penalty will follow. The duration and extent vary based on the severity:
| Sanction | Duration | Effect on Unemployment Benefit |
|---|---|---|
| Mild blameworthiness | 1 month | No benefit during that period |
| Severe blameworthiness | Up to 2 years | Reduced benefit (e.g., 70% of your daily wage) or complete denial |
| Very severe (e.g., involving criminal charges) | Up to 5 years | Full blockage, including repayment of any amounts already received |
Sanctions begin from your unemployment date. Your right to benefits remains but is temporarily suspended. After it ends, you can claim benefits if you meet requirements, such as following the unemployment benefit application process, relevant for Amsterdam residents via the local UWV office.
Examples of Blameworthy Unemployment in Amsterdam
Suppose you work as a bike taxi driver and resign because you want a job in a coffeeshop, even though your current job is fine. The UWV may view this as blameworthy, resulting in a three-month suspension of benefits, which hits hard in expensive Amsterdam.
Or: You lose your restaurant job because you often show up intoxicated. This qualifies as serious misconduct, leading to a year of reduced benefits, unless you provide evidence of seeking help for addiction through local services like those from the Amsterdam Municipality.
But: If you resign due to persistent bullying in a call center and your employer in Amsterdam offers no support, it is not blameworthy. You would then receive full benefits after notifying the UWV.
Rights and Obligations in Cases of Blameworthy Unemployment
As an Amsterdam resident, you can lodge an objection against a UWV decision on blameworthiness within six weeks (Article 6:3 of the General Administrative Law Act). If rejected, you can appeal to the Amsterdam District Court. During the process, you might arrange a delay of the sanction.
Obligations include:
- Report to UWV: Within a week of your dismissal or resignation, ideally through the Amsterdam branch.
- Continue job searching: Even during a sanction, look for work in the city to qualify for benefits later.
- Be transparent: Provide all details honestly; lying can result in fines.
Your employer must assist with documents like a dismissal permit or settlement agreement, and in Amsterdam, you can get free advice from the Legal Aid Office Amsterdam.
Tips to Avoid Blameworthy Unemployment in Amsterdam
Prevent problems with these tips, tailored to the Amsterdam context:
- Consult an employment law specialist before resigning. Get free initial help at the Legal Aid Office Amsterdam, or hire a local lawyer through the Amsterdam Bar Association.
- Document everything: Keep records of conflicts, such as emails about workload in the hospitality sector.
- Seek internal solutions: Talk to HR or the works council before taking action.
- Check with the Amsterdam Municipality for job search assistance through their employment center to find alternatives without risks.
- If you suspect discrimination, report it immediately to the UWV or the Netherlands Institute for Human Rights for support.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.