Let’s be honest: when you lose your job in the Netherlands, calling a lawyer probably isn’t the first thing on your mind. Here’s the thing, though: Dutch employment law is actually pretty protective of workers, but only if you know your rights.
And unless you’ve memorised the entire labour code (Burgerlijk Wetboek), that’s where a dismissal lawyer comes in handy.
So when should you actually consider hiring one? Here are six situations where getting legal help isn’t just smart, it could save you thousands of euros.
What does a dismissal lawyer actually do?
Before we dive in, let’s clear something up: a dismissal lawyer (ontslagadvocaat) isn’t just someone who shows up to intimidate your employer (though that’s a nice bonus).
They specialise in employment terminations and know Dutch labour law inside out. Their job is to make sure you’re treated fairly — whether that means negotiating a better severance package, challenging an unfair dismissal, or ensuring your employer actually follows the rules they’re supposed to follow.
You can also think of them as your legal translator for all the confusing Dutch employment jargon you’re about to encounter.
Need expert help navigating a dismissal? Ontslagspecialist specialises in supporting employees through terminations. With over 25 years of dismissal cases under their belt, they have plenty of experience helping internationals navigate these tough times, ensuring you understand your rights and get what you’re entitled to.
1. You’re being made redundant or facing a reorganisation
This is probably the most common reason expats end up calling a dismissal lawyer — and for good reason.
When your employer needs to cut costs or restructure, they might make you redundant through what’s called bedrijfseconomisch ontslag (economic dismissal). Sounds straightforward, right? Not quite.
In the Netherlands, your employer has to follow strict rules: proper consultation, fair selection criteria, transition plans, the whole nine yards. A lawyer makes sure they’re actually doing all that (and not just picking you because you’re the easiest to let go).
Here’s what a lawyer ensures:
- You’re not unfairly selected for redundancy (there’s a whole system for this called the “reflection principle”)
- You receive a fair severance package (ontslagvergoeding)
- Your employer follows proper legal procedures — or pays up if they don’t
Without legal help, you might accept the first offer that comes your way or miss out on thousands in compensation. Don’t be that person.
2. You’ve been fired “on the spot” (ontslag op staande voet)
Getting fired on the spot is serious business in the Netherlands. You’d have to mess up quite badly to achieve this. We’re talking theft, violence, major fraud, the kind of stuff that makes HR sweat.
The problem? Employers can get this wrong. For example, they may fire someone in anger without proper grounds or procedure, and suddenly what felt like righteous fury turns into an expensive legal mistake.
A dismissal lawyer will review whether your employer actually had legal grounds for your immediate dismissal. Did they follow the rules? Did they give you a chance to respond? If not, you might be entitled to serious compensation, or even reinstatement (if you want it).
And here’s the kicker: even if you did mess up, the dismissal might still be invalid if your employer didn’t follow proper procedure. Dutch law is fickle like that.
3. Your employer claims you’re “underperforming” (disfunctioneren)
Ah, yes, the classic “you’re not performing well enough” dismissal. It’s common, it’s awkward, and it’s often done incorrectly.
In the Netherlands, you can’t just be fired for poor performance overnight. Your employer must provide clear warnings, create an improvement plan (verbetertraject), give you a fair chance to actually improve, and document everything properly.
A dismissal lawyer ensures that the performance issues are legitimate and properly documented, you’ve been given a fair improvement period, and the dismissal process is legally sound.
Without legal help, you might be pressured into resigning or accepting a weak settlement. And trust us, “voluntary resignation” is not your friend when it comes to unemployment benefits.
4. You want to make sure you’ll get your WW (unemployment benefits)
Believe it or not, losing your job in the Netherlands doesn’t automatically mean you’ll qualify for WW (werkloosheidsuitkering or unemployment benefits). And if you’re an expat who doesn’t fully understand the Dutch benefits system, this can get messy fast.
Common pitfalls include resigning voluntarily (usually no WW for you), getting dismissed because it was “your fault” (serious misconduct can disqualify you), and signing agreements that accidentally make you ineligible.
A dismissal lawyer helps ensure the dismissal is structured so you qualify for WW, helps you avoid agreements that disqualify you, and secures a proper reference letter for future employers.
This is especially important if you’re on a visa that depends on your employment. Three months to find a new job sounds reasonable until you realise you can’t get benefits because of a technicality.
5. You’re negotiating a settlement agreement (vaststellingsovereenkomst)
A vaststellingsovereenkomst (or VSO for short) is a formal agreement where you and your employer agree to end the employment contract, usually with a severance payout.
Sounds simple, but here’s the catch: once you sign, you can’t go back and ask for more. It’s legally binding, and you’ve officially waved goodbye to any future claims.
A lawyer ensures the severance amount is fair (often calculated using the kantonrechtersformule, a formula judges use), the agreement doesn’t contain sneaky clauses (non-compete, confidentiality, waiving future claims), and you’re not leaving money on the table.
Facing a settlement agreement? Settlement Agreement NL can help you understand what’s being offered and whether it’s actually fair. Think of it this way: your employer has lawyers drafting this agreement. Shouldn’t you have one reviewing it?
6. You suspect discrimination or unfair treatment
If you believe you’ve been dismissed due to discrimination, for example, due to your age, nationality, pregnancy, or disability, then you need legal help. Full stop.
Dutch law protects against discrimination, but proving it requires expertise, evidence, and knowing exactly which legal buttons to push. A dismissal lawyer can assess whether you have a case, gather evidence and build a legal argument, and push for compensation or reinstatement.
Discrimination cases are time-sensitive, too, so don’t wait around hoping things will magically resolve themselves. They won’t.
Have you ever hired a dismissal lawyer in the Netherlands? Was it worth it? Let us know in the comments below!