What is the difference between dismissal with and without authorisation?

In the case of dismissal with authorisation, your employer must first seek permission from the UWV or the subdistrict court before you can be dismissed. In the case of dismissal without authorisation, your employer may dismiss you immediately, but only in very specific situations — such as during your probationary period or in the case of summary dismissal. Which procedure applies depends on the reason for the dismissal.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

In the Netherlands, an employer cannot simply dismiss you. The law protects you as an employee. This is set out in the Work and Security Act, which brought about major changes to dismissal law in 2015. The rules are now largely contained in the Civil Code.

The law recognises two official routes for dismissal:

Route 1 — Dismissal via the UWV (with a permit)

Does your employer want to dismiss you for business reasons? Then they must first seek permission from the UWV. Examples include reorganisations, bankruptcy or the abolition of your role. The UWV assesses whether the reason is valid and whether the correct procedures have been followed. Only once the UWV says ‘yes’ may your employer terminate the employment contract. This is known as the preventive assessment — the assessment takes place before the dismissal. Article 7:671a of the Civil Code governs this procedure (check this article on wetten.nl for the most up-to-date version).

The same UWV procedure applies in the case of long-term incapacity for work — if you have been ill for more than two years.

Route 2 — Dismissal via the subdistrict court (with authorisation)

In cases of personal reasons, your employer goes to the subdistrict court. These are situations such as poor performance, a disrupted working relationship, or culpable conduct. The judge assesses whether the reason is valid and whether there are reasonable grounds. Article 7:671b of the Dutch Civil Code describes when the subdistrict court may terminate the employment contract (check this article on wetten.nl for the most up-to-date version).

Dismissal without authorisation

In a number of cases, your employer does not need to seek permission. The law refers to these as situations where the preventive assessment does not apply:

Dismissal during the probationary period — both parties may then terminate the contract immediately
Summary dismissal — for urgent cause, such as theft or serious misconduct
A fixed-term contract that ends by operation of law — the contract ends automatically on the expiry date
Dismissal by mutual consent — you and your employer agree and sign a settlement agreement

Article 7:677 of the Dutch Civil Code deals with notice and the urgent cause for summary dismissal (check this article on wetten.nl for the most up-to-date version).

When does this apply to you?

The difference between dismissal with and without authorisation affects you directly. Do you know which route your employer must follow? Here are the most common situations explained.

Your employer wants to reorganise

Your employer has lost a major contract and needs to let people go. This is a business-related reason. Your employer must contact the UWV. The UWV will check whether the order of redundancies is correct — the so-called ‘reflection principle’. Only then may your employer proceed with the redundancies. In the meantime, you have the right to put forward a defence.

Your employer believes you are underperforming

Your employer is not satisfied with your performance. They must first demonstrate that they have provided you with adequate guidance and warnings. Only then can they take the matter to the employment tribunal. The tribunal will scrutinise the case: were sufficient opportunities given? Was there a performance improvement plan? If not, the tribunal will reject the claim.

You are still on probation

During the probationary period, dismissal without notice applies. Your employer may let you go from one day to the next — and you may also leave without notice. There are no notice periods. However, there is a limit: dismissal during the probationary period must not be discriminatory or based on a prohibited ground.

You are dismissed with immediate effect

This is the most severe form of dismissal — and also the riskiest for your employer. There must be an urgent reason. The dismissal must also be given immediately. If that is not the case, the court may overturn the dismissal. You have two months to take action if you disagree.

You sign a settlement agreement

Your employer proposes a mutual parting of ways. No permit required, no court involved. But be careful: this is a contract. You have the right to revoke it within two weeks — without giving a reason. Never sign it without thinking. Always have the agreement checked by a lawyer or trade union.

Step-by-step guide — what can you do now?

Check your contract. Are you on probation? Is it a permanent or temporary contract? This determines which rules apply.
Ask for the reason. You have the right to know why your employer wants to dismiss you. Always request this in writing.
Check the procedure. Is your employer seeking permission from the UWV or the subdistrict court? Or are they trying to dismiss you directly? Has the correct procedure been followed?
Submit a defence. In UWV proceedings, you will have the opportunity to respond to your employer’s request. Make use of this opportunity. Write a clear defence.
Wait for the outcome. As long as the UWV or the court has not yet made a decision, you are still employed. Your employer cannot simply send you home without paying your wages.
Have a settlement agreement checked. Never sign immediately. You have a two-week cooling-off period after signing. Consult a lawyer or trade union.
Ask for a transition payment. In most cases, you are entitled to severance pay. This also applies to dismissal via the UWV or the subdistrict court. See the Civil Code for the exact provisions regarding the transition payment.

Common mistakes

Signing too quickly. Many people sign a settlement agreement without reading it properly. By doing so, you are giving up your rights — including, in some cases, your entitlement to unemployment benefit.
Failing to respond to the UWV. In UWV proceedings, you are given the opportunity to put forward a defence. If you do nothing, you forfeit that opportunity. The UWV will then decide solely on the basis of your employer’s account.
Thinking that summary dismissal is always valid. Summary dismissal must meet strict requirements. Are you unsure? Consult a lawyer — you only have two months to take action.
Forgetting that you are entitled to a transition payment. This applies to almost every dismissal. Many employees are unaware of this and do not claim it.
Failing to check whether the notice period has been observed. Even if a permit has been granted, your employer must still observe a notice period. If this is not followed, you are entitled to compensation.

Frequently asked questions

Can my employer dismiss me without permission from the UWV?

That depends on the situation. In the case of dismissal during the probationary period, summary dismissal or the expiry of a fixed-term contract, your employer does not need permission. In all other cases — such as dismissal on commercial grounds or for poor performance — your employer must go through the UWV or the subdistrict court. If they fail to do so, the dismissal is voidable.

What is the difference between dismissal via the UWV and dismissal via the subdistrict court?

The UWV handles dismissals on commercial grounds or in cases of long-term illness. The subdistrict court handles dismissals for personal reasons, such as poor performance or a disrupted working relationship. Both routes require a valid reason and a careful procedure. Both the court and the UWV critically assess whether the conditions have been met.

Am I entitled to severance pay if I am dismissed with authorisation?

Yes, in most cases you are entitled to a transition payment. This applies to dismissals processed via the UWV and via the subdistrict court. The amount depends on your salary and the number of years you have been employed. There are a few exceptions, for example in the case of serious culpable conduct on your part. See the Civil Code for the exact provisions.

What can I do if my employer dismisses me without following the correct procedure?

You can challenge the dismissal. In the event of dismissal without consent, you can ask the subdistrict court to annul the dismissal. You are then also entitled to continued payment of wages. Act quickly — there are time limits. Have your situation assessed by a lawyer or trade union as soon as possible.

Can I lose my unemployment benefit if I accept the dismissal?

Yes, that is possible. If you resign voluntarily or if you can be blamed for your dismissal, the UWV may refuse your unemployment benefit. In the event of dismissal via the UWV or the employment tribunal, you will in most cases retain your right to unemployment benefit — provided you have worked for long enough. Are you unsure about a settlement agreement? Always have it checked before you sign.

Relevant legal provisions

Article 7:671a of the Dutch Civil Code — dismissal via the UWV (check this article on wetten.nl for the most up-to-date version)
Article 7:671b of the Dutch Civil Code — termination by the subdistrict court (check this article on wetten.nl for the most up-to-date version)
Article 7:677 of the Dutch Civil Code — notice and urgent cause in the case of summary dismissal (check this article on wetten.nl for the most up-to-date version)
Article 7:652 of the Dutch Civil Code — probationary period (check this article on wetten.nl for the most up-to-date version)
See the Civil Code for the exact provision regarding the transition payment

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