Netherlands: Unfair/ Wrongful Dismissal

The Dutch employment law landscape is undergoing significant transformation, with proposed reforms targeting non-compete clauses, pay transparency requirements, and reintegration obligations for sick employees. Recent court decisions from the International Court of Justice and CJEU are reshaping fundamental workplace rights, including the scope of strike protections and the definition of collective redundancies in workplace relocation scenarios.

Jasper Hoffstedde and Fleur van Lieshout of Littler's Amsterdam office discuss the termination clause in Dutch employment agreements.

The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945 (‘BBA’)) stipulates that an employer may only give notice of termination of the employment relationship with an employee after obtaining the prior consent of the UWV and therefore after obtaining a dismissal permit.