At the end of a torturous two-month probationary period, Paul's working relationship with his boss had gone from bad to worse. Then they had a meeting in which his boss moved to sack him.

Paul pleaded for an extra month, suggesting he would leave if things had not worked out by then. But they didn't so he left.

When he tried to apply for WW (unemployment benefits), he found he was not eligible.

Don't agree to be fired

The maximum probationary period allowed for a six-month contract is only one month and can never be extended. Moreover, it could be argued that Paul agreed to leave, rather than being sacked, in which case he would not be entitled to WW anyway.

"The correct procedures weren't followed in this case and the sacking was probably illegal. After the conclusion of the probationary period, there are basically three methods of dismissal which are governed by a strict set of regulations to ensure the employee's rights are fully protected," says a spokeswoman for legal advice bureau Rechtshulp.

She says the boss should have applied to the courts to dissolve the contract. Paul should have written a letter to his employer challenging this, placing the onus on the company to take him back with full pay while the case was decided. If the court decided in Paul's favour, he would be awarded damages relative to his age, pay and length of service with the company.

"It is very important the employee doesn't sign or say anything to accept dismissal, as the boss could use this in court. Matters don't have to be very confrontational however. 

Sometimes, the employee lodges an official objection while in practice accepting the sacking and agreeing on a sum of damages to be paid by the employer. In this way, the employer benefits from a speedy resolution of the case and the employee's right to unemployment benefit is safeguarded," Rechtshulp says.

Sacking checklist

• always object and never agree to be fired
• never walk out on your own accord without legal advice
• contact union (if member)
• contact Rechtshulp to get further advice and sample objection letter
• register with Arbeidsbureau immediately (Rechtshulp offices: http://www.bvr.rechtsbijstand.net/)

Licensed to dismiss a worker

Another method is to apply for a dismissal licence from the Regionaal Directeur Arbeidsvoorziening (RDA), a division of the Arbeidsbureau (employment office).

This process has traditionally been chronically slow and despite changes to the law in 1999, it still takes six weeks or more. It is often used when the company is in financial trouble and can't pay salaries or when an employee has been out sick for two years or more. Licences sought on the grounds of a person's unsuitability take even longer.

The RDA office was originally set up to stop workers job-hopping in the immediate post-war labour shortage. However, it will not grant a licence unless the company has put forward a very strong case and all other avenues for re-deploying the worker have been considered.

"When a worker conscientiously objects to a certain task for moral or religious reasons, the employer will have to prove there is no other suitable work available," says Rechtshulp.

"In cases of serious breaches of company rules or dishonesty, immediate dismissal is allowed but only when no other sanction such as suspension or a warning will suffice," explains Rechtshulp.

When this happens, the first thing you should do is to contact Rechtshulp or a lawyer to discuss your legal options.

If you want to stay in the job, you could write to your boss stating that you were not legally fired and that you are available for work. If the case goes to court, your boss may be ordered to pay you until the end of your contract, whether you are re-instated or not.

Should the situation be so bad that you don't want to stay, you could seek damages equivalent to the contract notice period. This can be useful if you have another job lined up.

How to get unemployment benefits

When unemployed, it is mandatory to register immediately with the Arbeidsbureau, a pre-requisite to applying for the unemployment benefit (having worked 26 out of the previous 39 weeks).

Most European countries (and all EU countries) have enacted legislation regulating dismissal. Recently, a French court ordered Marks & Spencer to suspend plans to close its 18 department stores there, deciding it had not consulted staff on the move.

Similarly, employers in the UK, Ireland and Germany can act without prior consent but the worker can take legal proceedings to stop it.

But, it is not all one-sided - a contract is still a contract, even in the Netherlands.

"Sometimes you may feel like walking out without giving the required notice. Never do that before taking legal advice. If the court decides the situation wasn't serious enough to justify your action, you could end up paying damages to your boss," Rechtshulp cautions.

October 2002

Subject: Employment in the Netherlands