UWV Dismissal Approval Procedure in Delft

The UWV approval procedure is a fundamental aspect of Dutch employment law, applicable to both employers and employees in Delft. Employers must seek UWV approval to dismiss an employee at their own initiative, such as for business-related reasons or long-term illness. This procedure safeguards employee rights and ensures an independent assessment. However, this does not apply in all cases for Delft residents—for example, in cases of misconduct, where the District Court of The Hague has jurisdiction. For questions about your situation in Delft, you can obtain free advice from the Juridisch Loket Delft (Delft Legal Desk).

What Does the UWV Approval Procedure Entail for Delft Residents?

In the UWV approval procedure, employers must obtain approval from the Dutch Social Security Agency (UWV) for dismissals that do not go through the District Court, such as during reorganizations in local businesses or after two years of illness. The UWV assesses whether the dismissal is reasonable and whether principles like the mirror principle have been applied—particularly important in Delft’s dynamic labor market, shaped by its high-tech sector and university. Without approval, a dismissal is invalid, and the employee can contest it. This regulation prevents unfair practices and protects local jobs. Small employers in Delft (with up to 25 employees) may qualify for exceptions regarding the mirror principle, but approval remains mandatory. The process typically takes 4 to 8 weeks.

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 articles include:

Article 7:669(1) BW: Requires employers to obtain UWV approval for dismissals based on non-personal grounds, such as economic reasons in Delft-based companies.
Article 7:671 BW: Outlines the procedure for dismissals after two years of illness.
Article 7:670 BW: Defines the assessment criteria, including fairness and compensation.

The Wet Vereenvoudiging Werkzaamheidsrecht (WWZ) replaced the dismissal permit system with the current approval process in 2015. In Delft, the UWV considers collective labor agreements (CAOs) and the Wet op de Ondernemingsraden (Works Council Act, WOR) for works council advice. In cases of non-compliance, employees can claim damages through the District Court of The Hague, with support from the Juridisch Loket Delft.

Steps in the UWV Approval Procedure for Delft

The UWV approval procedure follows a clear structure, adapted to local contexts such as those involving the Municipality of Delft or Delft University of Technology (TU Delft). Overview:

Employer Preparation: First, attempt internal relocation within the company, applying the mirror principle during reorganizations to protect older Delft residents.
Submitting the Application: File an online UWV form with supporting documents, such as a social plan, works council advice, and mirror principle calculations, at least one month before the planned dismissal.
Hearing and Cross-Examination: The employee in Delft is invited to a hearing, where objections and evidence can be presented. The UWV assesses fairness.
Assessment and Decision: A ruling is issued within four weeks. Approval grants a dismissal permit; rejection allows for an objection within six weeks.
Execution of Dismissal: After approval, terminate employment with the notice period, including a transition payment for the employee.

If the procedure is not followed correctly, the District Court of The Hague may declare the dismissal invalid, entitling the employee to back pay until reinstatement.

Practical Examples of the UWV Approval Procedure in Delft

Consider a high-tech company in Delft undergoing restructuring due to market pressure. The employer seeks to dismiss three employees for economic reasons and submits a UWV application with mirror principle calculations. After a hearing, the UWV approves the dismissal, provided there is no discrimination, and the affected employees receive a transition payment and unemployment benefits.

Example in case of illness: An employee of the Municipality of Delft becomes permanently unfit for work after an accident. The employer requests UWV approval after reintegration efforts, such as trial placements. If approved, the contract ends, with the employee retaining their WIA (Disability Insurance Act) benefits.

Case of failure: A Delft employer ignores works council advice during a reorganization. The UWV denies approval, and the employee wins three months’ salary in damages through the District Court of The Hague, with assistance from the Juridisch Loket Delft.

Rights and Obligations in the UWV Approval Procedure

Employee Rights in Delft

Right to a Hearing: Present your case and submit evidence, with local support from the Juridisch Loket Delft.
Right to a Transition Payment: 1/3 of monthly salary per year of service upon dismissal.
Right to Unemployment Benefits: After receiving a work incapacity declaration, if conditions are met.
Right to Object: Within six weeks to the administrative court.

Employer Obligations

Reintegration: Minimum 104 weeks, with UWV reporting.
Comply with the Mirror Principle: Except for small Delft-based businesses.
Offer Alternative Work: As part of the application process.

For a comparison between UWV and the District Court of The Hague: Personal grounds, such as misconduct, go directly to court, while the UWV handles economic or illness-related dismissals. Contact the Juridisch Loket Delft 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.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.