A phone call from a lab at TU Delft or an email while cycling past the canal near Phoenixstraat: dismissal often comes at the wrong moment. Precisely in the first forty-eight hours you lay the foundation for your WW rights and a higher compensation. This route deviates from standard advice and takes account of the local situation of expats and technical professionals.
Step 1: Request written confirmation immediately
An oral statement rarely holds up. Ask your employer for a detailed written explanation. Without a clear ground the dismissal lacks legal force. Send a short email yourself straight away: “I confirm that you informed me on [date] that…” and keep the delivery receipt.
Immediately afterwards: collect all your documents
Before your login rights disappear, retrieve everything:
- Employment contract including all annexes
- Payslips for the last twelve months plus annual statement
- Performance reviews and appraisals
- Email correspondence regarding your performance
- Applicable collective agreement (CAO) and any bonus schemes
- Pension statements and company rules
Send copies to your private address. Never remove company data; that may itself constitute an additional ground for dismissal.
Within 24 hours: sign nothing and use the cooling-off period
In the case of a settlement agreement (vaststellingsovereenkomst) a statutory cooling-off period of fourteen days applies. This period cannot be shortened. Sign under pressure? You can still withdraw in writing and by registered post free of charge.
Day two: engage a specialist immediately
An initial consultation with an employment lawyer usually lasts between half an hour and one hour and often costs between €150 and €250, sometimes free as an introductory meeting. The lawyer assesses whether the ground for dismissal holds, whether an improvement trajectory has been followed correctly, whether the compensation is in line with the market and whether your WW rights remain intact. In most cases a lawyer secures 20 to 40 per cent more compensation. Call the Arslan office at Phoenixstraat 16, 2611 AL Delft on 070 - 4500 300 for a prompt appointment.
Protect your WW rights straight away
The ground for dismissal must not be culpable. The settlement agreement (vaststellingsovereenkomst) should therefore contain a neutral formulation such as “difference of opinion”. Avoid phrases such as “due to underperformance” or “summary dismissal”; UWV may then impose sanctions.
Key time limits at a glance
- 14 days — statutory cooling-off period after signing a settlement agreement (VSO)
- 2 months — period to contest summary dismissal (article 7:686a BW)
- 3 months — claim transition payment (transitievergoeding) via the sub-district court
- 3 months — apply for WW benefits at UWV
If the matter proceeds to court, Rechtbank Den Haag has jurisdiction. For an initial exploratory consultation you can also contact Juridisch Loket Delft.
What not to do
Do not post a heated LinkedIn message before everything is legally clear. Do not take customer data or files that may be regarded as confidential. Do not send angry emails to your former employer; that weakens your negotiating position. Keep all communication professional and factual.