In 2015, the Work and Security Act (Wwz) took effect, reshaping Dutch dismissal procedures. Yet, recent research reveals that more than 80% of Dutch employees remain unaware of their rights under this new law. "This doesn't surprise me," notes Ramon van Lieshout, an experienced employment lawyer at Flexx, part of DAS.
Key Research Findings
Conducted by Novio Research with over 500 respondents, the survey found half of participants feeling poorly or very poorly informed about the updated dismissal rules. Van Lieshout frequently encounters clients—across ages and genders—who mistakenly believe they should head straight to the subdistrict court for the old kantonrechtersformule compensation. "But since July 1, 2015, the law specifies whether dismissals go through the UWV or subdistrict court," he explains.
Notably, workers aged 25-34 report feeling better informed. Van Lieshout attributes this to their digital-native habits: "They access information quickly online. However, without solid legal knowledge, it's hard to verify accuracy."
Major Changes in the Work and Security Act
Van Lieshout outlines the shifts: "The subdistrict court formula has largely been sidelined by the new transition payment. Eligible employees—those aged 18+, with two or more years of service, and below state pension age—receive it upon termination, non-renewal, or court dissolution. In most cases, it's lower than the old formula."
Understanding Transition Payments
Employers aren't always required to pay. "No transition payment is due in mutual settlement agreements," Van Lieshout clarifies. "Treat it as a baseline in negotiations, especially for dysfunction cases without a strong employer file."
Mastering Negotiations
Beyond severance, savvy negotiations cover non-compete waivers, labor exemptions, training budgets, and unused notice periods—which can mean a month's lost income. Employees often overlook these and tax advantages, fixating solely on payouts.
Always consult an experienced employment lawyer like those at Flexx/DAS for negotiations—there's often more on the table than meets the eye.
