Dutch Legislation

Dismissal Regulation (Ontslagregeling)

in force

Substantive rules for dismissal grounds

Employment law · Ontslagregeling · BWBR0036599 · Articles: 31

1 Article 1

For the purposes of this regulation, the following definitions apply:

2 Article 2

In the event of a collective redundancy as referred to in the Collective Redundancy Notification Act (Wet melding collectief ontslag), for the…

2a Article 2a

A public sector employer who submits a written petition to the UWV for permission to terminate employment on the grounds of business economic…

3 Article 3

If positions are made redundant at an employer whose undertaking forms part of a group, or who maintains more than one undertaking, the necessity for…

4 Article 4

There is no reasonable ground for termination of the employment agreement due to business economic circumstances if the number of employees proposed…

5 Article 5

There is no reasonable ground for termination of the employment agreement due to business economic circumstances, insofar as positions are made…

6 Article 6

If the employer intends to outsource the duties of an employee to a person who will not perform these duties on the basis of an employment agreement…

7 Article 7

Upon the termination of a temporary agency assignment, a reasonable ground for termination of the employment agreement due to business economic…

8 Article 8

The period of 26 weeks, referred to in Article 669, paragraph 3, point (a), of Book 7 of the Civil Code, commences on the day on which a decision is…

9 Article 9

When assessing whether a suitable position is available within the employer's enterprise for an employee who is eligible for dismissal, the following…

10 Article 10

The reasonable period, as referred to in Article 669, paragraph 1, of Book 7 of the Civil Code, is equal to the notice period, as referred to in…

11 Article 11

Insofar as the positions to be made redundant concern interchangeable positions as referred to in Article 13, the employees with the shortest period…

12 Article 12

For the application of Article 11, the employees who were employed within a category of interchangeable positions at the moment the petition for…

13 Article 13

A position is interchangeable with another position if:

14 Article 14

For the application of Article 11, all interchangeable positions within the employer's enterprise shall be taken as the point of departure, unless…

15 Article 15

For the calculation of the duration of the employment contract, as referred to in Article 11, paragraphs 1, 2 and 3, point (a), one or more preceding…

16 Article 16

In the application of Article 11, no more than 10% of the total number of employees eligible for dismissal may be disregarded, provided that it has…

17 Article 17

The authorisation to terminate an employment agreement for an indefinite period on the basis of Article 669, paragraph 3, point (a), of Book 7 of the…

18 Article 18

Articles 681, paragraph 1, points (d) and (e), and 682, paragraphs 4 and 5, of Book 7 of the Civil Code shall not apply if the employer, after the…

19 Article 19

If more than one employment agreement regarding the same work has been terminated or dissolved due to business-economic circumstances, the employer…

20 Article 20

If an agreement between a payroll employer and a client is terminated, it shall be determined on the basis of the circumstances at the client's…

21 Article 21

Insofar as the rules for determining the order of termination in the event of the elimination of positions at the principal deviate from Section 4…

22 Article 22

If the employment agreement with a payroll employee has been terminated or dissolved after the agreement between a payroll employer and a client has…

23 Article 23

If the agreement between the payroll employer and the client is terminated at the initiative of the payroll employer because the client has failed to…

24 Article 24 repealed
25 Article 25

If the option to pay the transition payment in instalments, as referred to in Article 7:673c, paragraph 2, of the Civil Code, is exercised, the…

26 Article 26

The areas of activity, as referred to in Article 1, part e, of the Collective Redundancy Notification Act (Wet melding collectief ontslag) are:

27 Article 27

For the purposes of the Collective Redundancy (Notification) Act, payroll employees shall be treated as equivalent to employees as referred to in…

28 Article 28

The Dismissal Decree (Ontslagbesluit) is hereby repealed.

29 Article 29

This regulation shall be cited as: Dismissal Regulation.

30 Article 30

This regulation shall enter into force with effect from 1 July 2015.