Dismissal

Together for an optimal result

Do you want to let go of one or more employees? Whether it concerns an individual dismissal or a reorganisation, together we strive for the most optimal result. This starts with an assessment of the legal feasibility of your wishes. We assess whether the strict legal requirements for dismissal have been met. If that is not the case, we will look at how we can get there. When it comes to proposed dismissals, negotiation is paramount. Sometimes mediation offers a solution. If we do not come to an agreement, we have extensive experience in conducting legal proceedings. Both in court and at the Employee Insurance Agency (UWV, Uitvoeringsinstituut Werknemersverzekeringen).

Reorganisations have special dynamics. There are often multiple stakeholders involved. Think of trade unions and the works council. We know these dynamics better than anyone and we are happy to guide you in this process.

What we do

• We guide individual dismissal matters from A to Z. We determine the strategy, conduct negotiations and litigate if we have to. Either with the judge or the UWV.

• We take full care of collective dismissals for you. We determine reorganisation strategies, submit notifications in relation to the Collective Redundancy Notification Act (WMCO, Wet melding collectief ontslag), negotiate with trade unions, complete participation processes and conduct negotiations. If there is no other option, we will prepare a dismissal application for you with the UWV.
  

• We draw up social plans and other collective redundancy schemes. We negotiate with trade unions where necessary and we go through prescribed participation processes.
  

• We conduct individual and collective dismissal procedures before collective labour agreement dismissal committees, dispute committees and other alternative dismissal committees.
  

• We assess the financial impact of proposed dismissals on the company. We calculate transition payments and of course take other contractual or collective redundancy schemes and supplementary schemes into account. We also know and understand the potentially major impact of fair compensation.
  

• We advise on the special position of the own-risk bearer within the social security system in relation to proposed dismissals.
  

• We settle employee participations (shares, options, etc.) upon dismissal. If the issue requires it, we will contact our corporate law lawyers and civil-law notaries.
  

• We supervise mediation processes. We participate actively or watch from the sidelines.

• We draw up settlement agreements to terminate employment contracts and thus conclusively record all relevant agreements.