UWV Dismissal Approval Procedure in The Hague
The UWV approval procedure is a fundamental aspect of Dutch employment law and is mandatory for employers in The Hague who wish to dismiss an employee at their own initiative—for example, due to business-related reasons or long-term illness. This procedure safeguards employees' rights in the region and provides independent review by the UWV. For residents of The Hague, it is useful to know that the Juridisch Loket Den Haag offers free advice on dismissal cases. This does not apply to dismissals due to misconduct, which are handled by the District Court of The Hague.
What Does the UWV Approval Procedure Involve in The Hague?
In the UWV approval procedure, an employer in The Hague must seek approval from the Dutch Social Security Agency (UWV) for dismissal when it cannot be resolved through the cantonal judge at the District Court of The Hague. This applies, for example, in cases of restructuring in local businesses—such as in the port or public sector—or after two years of illness. The UWV assesses whether the dismissal is reasonable and whether rules like the mirror principle are followed, prioritizing older employees. Without approval, the dismissal is invalid, and the employee in The Hague can challenge it at the District Court of The Hague.
This regulation prevents unfair dismissals and protects local employees. For small employers in The Hague with fewer than 25 employees, an exception to the mirror principle may apply, but approval is generally required. The process typically takes 4 to 8 weeks, depending on the specifics.
Legal Basis of the UWV Approval Procedure
The UWV approval procedure is governed by the Wet Werk en Zekerheid (Employment Certainty Act, WWZ) and the Dutch Civil Code (BW). Key provisions include:
- Article 7:669(1) BW: Requires employers in The Hague to seek approval for dismissals based on non-personal grounds, such as economic reasons.
- Article 7:671 BW: Establishes the procedure for dismissals after two years of illness, with attention to reintegration efforts in the region.
- Article 7:670 BW: Evaluates the fairness of the dismissal and obligations such as compensation.
The Wet Vereenvoudiging Werkzaamheidsrecht (Simplification of Employment Law Act, Wwz) replaced the dismissal permit with this approval system in 2015. In The Hague, the UWV considers collective labor agreements (CAOs) and the Wet op de Ondernemingsraden (Works Council Act, WOR), including advice from the works council. In case of violations, the employee can claim damages through the District Court of The Hague, with support from the Juridisch Loket Den Haag in preparing the case.
Steps in the UWV Approval Procedure in The Hague
The UWV approval procedure follows a clear structure, with local relevance for employers and employees in The Hague:
- Employer Preparation: The employer must first explore internal relocation or alternative roles in the region. In cases of restructuring in The Hague—such as with the Municipality of The Hague—the mirror principle applies to protect older employees.
- Submitting the Application: The employer submits an online request to the UWV, including documents such as a social plan, works council advice, and a mirror principle calculation. This must be done at least one month before the dismissal date.
- Hearing and Response: The UWV invites the employee for a discussion, either by phone or in person. In The Hague, you can seek support from the Juridisch Loket Den Haag to raise objections and provide evidence. The UWV assesses the fairness of the decision.
- Assessment and Decision: The UWV issues a decision within four weeks. If approved, the dismissal proceeds; if rejected, the employer can file an objection within six weeks.
- Executing the Dismissal: With approval, the termination takes effect, considering the notice period. Employees in The Hague are entitled to a transition payment and can seek assistance from the Municipality of The Hague for unemployment benefit applications.
If the procedure is flawed, the District Court of The Hague can declare the dismissal invalid, requiring the employer to pay wages until reintegration.
Practical Examples of the UWV Approval Procedure in The Hague
Consider a retail business in central The Hague undergoing restructuring due to store closures. The employer wishes to dismiss three employees for economic reasons and submits an application to the UWV, including a mirror principle calculation. After hearing the affected employees, the UWV approves the dismissal without discrimination, and the employees receive a transition payment and unemployment benefits through local authorities.
Another case: A civil servant at the Municipality of The Hague has been ill for two years following a work-related accident. The employer requests UWV approval after verifying whether reintegration—such as a trial placement in the region—has been attempted. If approved, the contract ends, but the employee retains WIA (Disability Insurance Act) rights.
In a case of misconduct: An employer in The Hague ignores works council advice when applying for a dismissal based on non-personal reasons. The UWV rejects the request, and the employee wins a damages claim of three months' salary at the District Court of The Hague, with assistance from the Juridisch Loket Den Haag.
Rights and Obligations in the UWV Approval Procedure
Employee Rights in The Hague
- Right to be heard: Present your case and provide evidence, with possible support from the Juridisch Loket Den Haag.
- Right to a transition payment: ⅓ of monthly salary per year of service upon dismissal.
- Right to unemployment benefits: After receiving a work incapacity declaration, with application through the Municipality of The Hague.
- Right to object: Against UWV decisions within six weeks to the administrative court.
Employer Obligations
- Reintegration efforts: Minimum 104 weeks, with reporting to the UWV.
- Comply with the mirror principle: Unless in small businesses in The Hague.
- Offer alternative work: Before submitting the application.
For a comparison between the UWV and the District Court of The Hague, consult the Juridisch Loket Den Haag for personalized advice.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
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Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
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