A dismissal procedure for employees is the process by which your employer seeks to end your employment contract, and the way you can influence it. As an employee you are not powerless: you have the right to salary during the procedure, you may defend yourself, and you often keep a right to a transition payment. This article explains how a dismissal procedure works from your perspective, which three routes exist, what your rights are, and what you can do yourself to come out stronger.
How does a dismissal procedure work for you as an employee?
In a dismissal procedure for employees, the employer almost always takes the initiative. It usually starts with a conversation where you hear that your employer wants to part ways, for example due to reorganisation, underperformance, or a disturbed working relationship. From that moment it is important to know which steps follow, because you do not have to agree just like that.
The employer must have a valid reason and be able to substantiate it. They must also examine whether redeployment within the company is possible before dismissal is on the table. Exactly how the procedure runs depends on the chosen route. If you first want an overview of your situation, read dismissed, what now? for the first steps.
The mirror image of your side is your employer’s perspective. If you want to understand what happens across the table, the dismissal procedure for the employer gives insight into the obligations and considerations your employer has. That knowledge helps you enter the conversation better prepared.
The three routes in the dismissal procedure: UWV, court, settlement agreement
A dismissal procedure for employees runs via one of three routes. Which route applies depends on the ground for dismissal. Your employer may not choose freely, because the law prescribes which path is appropriate for each situation.
The first route runs via the UWV. It is used for economic reasons (such as a reorganisation in which your role disappears) and for dismissal after long-term illness. The UWV assesses the application in advance and you may respond in writing. Read more at dismissal via UWV.
The second route runs via the subdistrict court (kantonrechter). It assesses personal grounds, such as underperformance or a disturbed working relationship. Through dismissal via the subdistrict court you can file a defence against your employer’s request. The third route is termination by mutual consent through a settlement agreement. No UWV or court is needed then; instead you record arrangements together. This route is the most common in practice, because it leaves room for tailored solutions.
Your rights during the dismissal procedure
During a dismissal procedure for employees, nothing changes about the principle that your employment contract simply continues until it lawfully ends. That means your salary is generally paid and your leave keeps accruing, unless you make other arrangements.
An important right is the transition payment. In most dismissal situations you are entitled to this, unless a statutory exception applies. The maximum transition payment in 2026 is 102,000 euros, or one gross annual salary if that is higher. In addition, your employer must respect the notice period, which affects the timing of your dismissal.
If you opt for a settlement agreement, two more rights protect you. You have a 14-day reflection period to withdraw your signature without giving a reason. And the agreement must be drafted so that your WW rights are preserved, which means the termination must not be culpable on your part. An overview of all your rights is in I am being dismissed, what am I entitled to?.
What can you do yourself during the dismissal procedure?
A dismissal procedure for employees happens to you, but you are not passive. There are concrete things you can do to improve your position and move on with a solid arrangement:
- Do not sign immediately: take time to assess a proposal; you never have to sign on the spot.
- Get advice: an expert can check the terms and see whether your WW is safe.
- Negotiate: on the compensation, the end date, exemption from work, and support toward new work.
- Check the reason: is the ground for dismissal correct and was redeployment genuinely considered?
- Think ahead: start orienting toward your next step in good time, even if the procedure is not final yet.
That last point often makes the difference. Those who stay stuck in uncertainty search later and less effectively. By thinking about your direction during the procedure, you keep control and pace. An outplacement programme helps you do exactly that: calm, structure, and a concrete plan toward new work.
Help with dismissal
A dismissal procedure has a major impact, but you do not have to face it alone. If you want to be sure your arrangement is correct, have your settlement agreement checked before you sign. And if you want guidance toward a new job, outplacement from Care4Careers offers personal support in finding suitable work. That way your dismissal becomes not an endpoint, but the start of a good next step.