Legal assistance for expats facing dismissal
Many international employees – or expats – work in the Netherlands. These professionals come from various countries, with the largest groups originating from the United Kingdom, the United States and India. Many of them have been hired because of their rare and specialised expertise that the Dutch labour market cannot sufficiently supply, which means they are often offered good employment contracts.
Strong protection against dismissal: what you need to know as an expat
Employees in the Netherlands – including expats – enjoy robust protection against dismissal. The legislation allows only a limited number of reasons on the basis of which an employment relationship may be terminated. The burden of proof lies entirely with the employer, who must demonstrate that one or more of these grounds are present.
For what reasons can you be dismissed as an expat?
In the Netherlands, employees – including expats – can be dismissed for only a small number of reasons. The most important reasons are:
The most common statutory grounds for dismissal are:
- Reorganisation: Necessary due to business-economic circumstances.
- Underperformance: The employee’s performance does not meet the required standards.
- Long-term illness: Incapacity for work for a period of two years.
- Disrupted relationship: An irreparable breakdown in the employment relationship.
Reassignment: the additional requirement for dismissal
Even if there is a legitimate ground for dismissal, the employer is legally obliged to investigate whether the employee concerned can be reassigned within the organisation. This may be to another position or department, for example. Since many expats work for internationally operating groups, employers are even expected, in some cases, to investigate reassignment options within a group company abroad.
The fiscal advantage: the 30% ruling
Many expats enjoy another benefit: the so-called 30% ruling. This scheme offers a substantial tax advantage: foreign employees with specific expertise may receive 30 percent of their salary tax-free for a period of five years.
Use of this scheme has increased significantly in recent years – the number of expats benefiting from it has roughly doubled over the past five years. The Dutch government, however, intends to reduce the tax-free rate from 30% to 27% in 2027.
The necessity of specialised dismissal assistance for expats
Expats who are confronted with a dismissal situation are well advised to seek specialised legal assistance as soon as possible. It is crucial to contact a lawyer or legal expert who has specific expertise in advising expats in dismissal cases. This is important because unique issues play a role for this group, such as the impact on the residence permit and the 30% ruling – topics that not every general legal service provider is sufficiently familiar with.
Are you an expat and is dismissal looming? Contact our dismissal specialists immediately
If you are at risk of being dismissed, it is essential to obtain proper legal assistance. After all, you want to prevent dismissal or leave with the best possible severance arrangement. Our dismissal specialists can provide you with excellent support.
The legal experts at Ontslagspecialist have been assisting expats and other employees facing dismissal for more than 25 years. With this extensive experience and knowledge, we can in many cases prevent dismissal or enforce an optimal severance arrangement, including a high severance payment and entitlement to unemployment benefits (WW).
Do not take risks with your career and residence status. For the best result, contact the dismissal specialists of Ontslagspecialist.nl directly. Call 020 6160 120 or email us at info@ontslagspecialist.nl.
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