Suppose you leave after a late shift at the Maasvlakte and get into your car heading for the A15, only to receive a message en route: your contract is ending. That notification puts everything on edge. The next two days determine whether you retain your unemployment benefit (WW) rights and can secure a reasonable payment. Below are the concrete actions that work in Rotterdam.
Demand written confirmation within the first hour
An oral statement has little legal weight. Ask your employer immediately for a written document stating the precise reason. The absence of a clear ground often means a weak dismissal. Send a brief email yourself straight away: “As discussed today…” and retain the delivery confirmation.
Organise your documents immediately
Before your access to the systems is revoked, retrieve everything relevant:
- Employment contract including all annexes
- Payslips for the last twelve months plus the annual statement
- Performance appraisals and assessment reports
- Email correspondence concerning your work
- Collective agreement (CAO) and any company regulations regarding bonus or pension
Send copies to your private address. Never remove company data; this may later be used against you.
Apply the 14-day cooling-off period
If you sign a settlement agreement (vaststellingsovereenkomst), you are legally entitled to a fourteen-day cooling-off period. This period is mandatory. If you feel under pressure, do not sign immediately. You may always withdraw from the agreement in writing and by registered post within those two weeks.
Consult an employment lawyer
Contact a specialised lawyer for a review without delay. An initial consultation usually lasts thirty to forty-five minutes and costs between €150 and €250, sometimes even free as an introductory meeting. The lawyer assesses whether the reason for dismissal holds, whether any improvement procedure has been followed correctly and whether the offered payment is in line with market standards. In practice, this most often results in a 20 to 40 per cent higher outcome.
Protect unemployment benefit (WW) rights
The wording in the settlement agreement (vaststellingsovereenkomst) must never contain “due to underperformance” or “summary dismissal (ontslag op staande voet)”. Use neutral phrasing such as “difference of opinion”. Otherwise you risk the UWV rejecting your unemployment benefit (WW) application or imposing sanctions.
Deadlines you must not miss
- 14 days — statutory cooling-off period after signing
- 2 months — period to contest summary dismissal (ontslag op staande voet)
- 3 months — claim transition payment (transitievergoeding) before the subdistrict court (kantonrechter)
- 3 months — apply for unemployment benefit (WW) at the UWV
Mistakes to avoid
Do not post an update on LinkedIn before everything is legally clear. Do not take customer data or files that could be regarded as confidential. Likewise, do not send emotional emails to your employer. Keep all communication business-like and stay calm. For an immediate local review, contact the Arslan office at Wilhelminaplein 100 or have your case assessed at the Rechtbank Rotterdam.