As of July 1, 2015, there will be many changes, especially in the field of dismissal law. Employers and employees will then, among other things, have to deal with the transition compensation and a legally established dismissal procedure (court or UWV).
Dismissal routes
Unlike now, from July 1, 2015, the employer will no longer be able to choose between a procedure at the UWV or at the subdistrict court. From then on, the dismissal ground will determine where the employer must submit their request. The employer will go to the UWV if they apply for dismissal of an employee due to
- Economic reasons or
- Illness that has lasted longer than two years
The subdistrict court judge can terminate the employment contract after July 1, 2015, based on reasons such as underperformance, disturbed working relationship, frequent absenteeism due to illness, or culpable actions or omissions.
In addition to a well-substantiated file, the employer must also be able to demonstrate that reassignment, with or without training, is not possible or not advisable.
In all cases, an appeal is possible after a ruling by UWV or a judge.
What remains is termination by mutual consent (settlement agreement). However, what is new is that the employee is given a reflection period of 2 weeks during which he can reconsider his decision to agree to the termination.
Compensation
Compensation
Compensation
Chain arrangement
From July 1, 2015, the current chain scheme, which determines how many fixed-term contracts you can have consecutively, will also change. Under the new law, you may receive up to three fixed-term contracts, but the total period of these contracts is two years. If you are allowed to stay after two years, you will receive a permanent contract. The chain of contracts will reset if there has been at least a 6-month gap between two contracts. Deviations from the new chain scheme can still be made by collective labor agreement (CAO).
