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UWV Dismissal Approval Procedure in Rotterdam

Discover the UWV dismissal approval procedure in Rotterdam: steps, rights, and local tips via the Juridisch Loket. Protect your job in the port city.

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The UWV Dismissal Approval Procedure in Rotterdam

The UWV approval procedure is a fundamental aspect of Dutch employment law and is mandatory for employers in Rotterdam who wish to dismiss an employee at their own initiative—for example, due to economic challenges in the port sector or long-term illness. This procedure safeguards the rights of Rotterdam-based employees and provides an independent assessment by the UWV. It does not apply to dismissals for misconduct, which are handled by the Rotterdam District Court. For tailored advice on your situation in Rotterdam, you can turn to the Juridisch Loket Rotterdam (Rotterdam Legal Desk).

What Does the UWV Approval Procedure Entail for Rotterdam Residents?

In the UWV approval procedure, an employer in Rotterdam must seek approval from the Dutch Employee Insurance Agency (UWV) for dismissals that cannot be processed through the sub-district court at the Rotterdam District Court. This typically applies in cases of restructuring in local sectors such as Rotterdam logistics or after two years of illness. The UWV assesses whether the dismissal is fair and whether rules like the proportionality principle—which protects older employees—have been followed. Without approval, the dismissal is invalid, and a Rotterdam-based employee can challenge it for nullification.

This regulation prevents unfair dismissals and protects local workers. Small Rotterdam-based businesses with fewer than 25 employees may be exempt from the proportionality principle, but approval is generally still required. The process typically takes 4 to 8 weeks, depending on the specifics.

Legal Basis of the UWV Approval Procedure

The UWV approval procedure is governed by the Wet Werk en Zekerheid (WWZ, Dutch Act on Work and Security) and the Dutch Civil Code (BW). Key articles include:

  • Article 7:669(1) BW: Requires employers in Rotterdam to seek UWV approval for dismissals based on non-personal grounds, such as economic reasons in the port sector.
  • Article 7:671 BW: Outlines the procedure for dismissals after two years of illness, with a focus on reintegration in the region.
  • Article 7:670 BW: Evaluates the fairness of the dismissal and compliance with compensation rules.

The Wet Vereenvoudiging Werkzaamheidsrecht (Wwz, Act Simplifying Employment Law) replaced the old permit system with this approval process in 2015. The UWV considers collective labor agreements (CAOs) and the Wet op de Ondernemingsraden (WOR, Works Council Act) for advisory input. In cases of non-compliance, an employee can claim damages through the Rotterdam District Court. The Municipality of Rotterdam offers additional support via employment programs.

Steps in the UWV Approval Procedure for Rotterdam

The UWV approval procedure follows a clear process, tailored to local practices. Here are the steps:

  1. Employer Preparation: The employer must first explore internal relocation options within the Rotterdam-based company, such as alternative roles in the port or elsewhere. In restructuring cases, the proportionality principle applies to protect older employees.
  2. Submission of Application: The request is filed via the UWV’s online form, accompanied by documents such as a social plan, works council advice, and proportionality calculations. This must be done at least one month before the dismissal date, which is particularly relevant for Rotterdam employers in transition.
  3. Hearing: The UWV invites the employee for a discussion, either by phone or at a local UWV office. You can raise objections and provide evidence; the UWV assesses fairness.
  4. Assessment and Decision: A decision follows within four weeks. Approval grants a dismissal permit; if rejected, the employer can lodge an objection within six weeks.
  5. Execution of Dismissal: With approval, the contract is terminated according to the notice period. The employee receives a transition payment and can apply for unemployment benefits (WW) through the UWV in Rotterdam.

If the procedure is not followed correctly, the Rotterdam District Court may declare the dismissal invalid, requiring back pay until reintegration.

Practical Examples of the UWV Approval Procedure in Rotterdam

Consider a logistics company at Rotterdam Port undergoing restructuring due to declining freight volumes. The employer seeks to dismiss three employees on economic grounds and submits a UWV application with proportionality calculations. After the hearing, the UWV approves, provided there is no discrimination, and the affected employees receive a transition payment and unemployment benefits.

Another case: An employee at a Rotterdam hospital has been ill for two years following a workplace accident. The employer requests UWV approval after reintegration attempts, such as trial placements. If approved, the contract ends, but the employee retains WIA (Work and Income Act) rights.

In a failure scenario: A Rotterdam employer bypasses works council advice during a restructuring and applies for approval for a non-personal dismissal. The UWV rejects the request, and the employee wins three months’ salary in damages at the Rotterdam District Court.

Rights and Obligations in the UWV Approval Procedure

Rights of the Rotterdam Employee

  • Right to a Hearing: Present your case and provide evidence.
  • Right to a Transition Payment: 1/3 of monthly salary per year of service upon dismissal.
  • Right to Unemployment Benefits (WW): After receiving a work incapacity declaration, via the local UWV.
  • Right to Appeal: Against UWV decisions within six weeks to the administrative court; consult the Juridisch Loket Rotterdam for assistance.

Employer Obligations

  • Reintegration Efforts: Minimum 104 weeks, with reporting to the UWV, including local options.
  • Compliance with Proportionality Principle: Except for small Rotterdam firms.
  • Offer Alternative Work: Before submitting the application.

For a comparison between UWV procedures and dismissals handled by the Rotterdam District Court, visit the Juridisch Loket Rotterdam for free, tailored advice.

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