SETTLEMENT AGREEMENT

Dismissal via UWV

The dismissal procedure via UWV is subject to clear rules and requires thorough preparation. We explain the procedure step by step in this article.

If you, as an employer, are dealing with an employee who is on long-term sick leave or if there are economic reasons for dismissal, you cannot simply terminate the employment contract. In these cases, you need permission from the UWV. This dismissal procedure is subject to clear rules and requires thorough preparation.

When are you eligible to involve the UWV?

There are two situations in which you can apply for a dismissal permit via the UWV:

In the event of long-term incapacity for work on the part of the employee (longer than two years).
In case of businesschallenges, like a reorganisation, loss of orders, or a structural decrease in revenue.

In both cases, as an employer, you must be able to substantiate that the dismissal is necessary and that redeployment within the organisation is not possible.

The resignation request step by step

The procedure begins with the digital submission of a dismissal application via the UWV employer portal. You must submit various documents, including substantiation of the grounds for dismissal, information about the organisation and any redeployment efforts.

For dismissal on economic grounds, you must prove that the dismissal is unavoidable, for example by submitting financial data and personnel data. In the case of long-term incapacity for work, medical reports and reintegration reports are required, together with a statement from the company doctor that recovery is not expected within six months.

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Response from the employee

Once your request is complete, the UWV will forward it to the employee. The employee will then have the opportunity to submit a written defence. This must be done within 14 days. The employee may explain why they disagree with the dismissal and submit any additional information.

Assessment by the UWV

The UWV assesses the situation based on information provided by both parties. It considers the current circumstances, whether the employer has made sufficient efforts and whether redeployment is realistic. In the case of redundancy for economic reasons, the UWV assesses whether the personnel measure is justified. In case of illness, the main focus is on the reintegration process and the medical feasibility of a return to work.

Approval or rejection

Will the employer receive permission? If so, the employment contract may be terminated, subject to the applicable notice period. In that case, you will not need to go to court. Please note that you must also take the transitional allowance into account when terminating the contract.

What if the UWV does not approve? Then there are two options. You can choose to continue the employment contract, or you can still go to the subdistrict court. In practice, we often see that in such cases, a settlement agreement is chosen, whereby the employer and employee part ways in mutual agreement.

Well prepared to get started

The dismissal procedure via the UWV is strictly regulated. It requires care, good documentation and clear communication. The better prepared you are as an employer, the more likely it is that the process will run smoothly. Are you unsure about the approach or would you like help with the request? We are happy to assist you. This will help you avoid unnecessary delays or legal complications. Please contact us, we are happy to help.

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