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ARTICLE · 04 SEPTEMBER 2012

Always Reverse An Instant Dismissal Within Six Months?

Kennedy van der Laan
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The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945 (‘BBA’)) stipulates that an employer may only give notice of termination of the employment relationship with an employee after obtaining the prior consent of the UWV and therefore after obtaining a dismissal permit.

NetherlandsEmployment and HR
Suzan Van Der Meer
Suzan Van Der Meer

Supreme Court, 22 June 2012 (LJN: BW5695)

The Extraordinary Labor Relations Decree 1945 (Buitengewoon Besluit Arbeidsverhoudingen 1945 ('BBA')) stipulates that an employer may only give notice of termination of the employment relationship with an employee after obtaining the prior consent of the UWV and therefore after obtaining a dismissal permit. However, the employer does not need to obtain this consent if he instantly dismisses the employee (with good reason). If subsequently the employee contests the validity of this instant dismissal, the employee will have to reverse the notice of termination (the instant dismissal). Pursuant to Article 9 (3) of the BBA, the employee must do so within six months (the 'expiry period').

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