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UWV Dismissal Approval Procedure in Tilburg

Discover the UWV dismissal approval procedure in Tilburg: steps, rights, and local assistance via the Tilburg Legal Desk and Breda District Court. Protection for employees.

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The UWV Dismissal Approval Procedure in Tilburg

For residents of Tilburg, the **UWV approval procedure** is a crucial aspect of Dutch employment law. Employers in the region must obtain approval from the UWV (Employee Insurance Agency) to dismiss an employee at their own initiative—for instance, due to business economic reasons or long-term illness. This procedure provides protection for employees in Tilburg and ensures an independent assessment. It does not apply to dismissals for misconduct, which are handled by the **District Court of Zeeland-West-Brabant in Breda**. Local employers, such as those in the textile or retail sectors, strictly adhere to these rules to avoid legal complications.

What Does the UWV Approval Procedure Entail for Tilburg Residents?

The **UWV approval procedure** involves applying to the UWV for dismissal cases that cannot be resolved through the sub-district court. This is mandatory in cases of reorganizations in Tilburg-based companies, economic dismissals, or after two years of long-term illness. The UWV reviews whether the dismissal is reasonable and whether principles such as the **reflection principle** (prioritizing older employees) have been followed. Without approval, the dismissal is invalid, and the employee in Tilburg can contact the **Tilburg Legal Desk** for free advice on declaring the dismissal null and void.

This regulation prevents abuse and protects local workers. For small Tilburg businesses with fewer than 25 employees, an exception to the reflection principle may apply, but approval is generally still required. The process typically takes **4 to 8 weeks**, depending on the case.

Legal Basis of the UWV Approval Procedure

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

  • Article 7:669(1) BW: Requires employers in Tilburg to seek UWV approval for non-personal dismissal reasons, such as economic motives.
  • Article 7:671 BW: Outlines the procedure for dismissals after two years of long-term illness.
  • Article 7:670 BW: Assesses the fairness of the dismissal and compliance with compensation rules.

The **Simplification of Employment Law Act (Wwz)** replaced the old dismissal permit system in 2015 with this approval process. The UWV considers collective labor agreements (CAOs) or the **Works Councils Act (WOR)** for works council advice. In cases of non-compliance, Tilburg employees can claim compensation through the **District Court of Zeeland-West-Brabant in Breda**.

Steps in the UWV Approval Procedure for Tilburg

The **UWV approval procedure** follows a clear structure. Below is an overview:

  1. Employer Preparation: The employer must first attempt internal relocation within the Tilburg company or offer an alternative position. In cases of reorganization, the reflection principle applies to protect older colleagues.
  2. Submitting the Application: The employer submits an online request to the UWV, including documents such as the social plan, works council advice, and reflection calculations. This must be done **at least one month before the dismissal date**.
  3. Hearing and Response: The UWV invites the employee for a discussion, either by phone or in person. Tilburg residents can raise objections and provide evidence; the UWV assesses the fairness of the dismissal.
  4. Assessment and Decision: Within four weeks, the UWV issues its decision. If approved, the dismissal proceeds; if rejected, the employer can lodge an objection within six weeks.
  5. Executing the Dismissal: With approval, the termination occurs within the notice period. The employee is entitled to a **transition payment** and can seek assistance from the **Municipality of Tilburg** for unemployment benefits.

If the procedure is not followed correctly, the **District Court of Zeeland-West-Brabant** may declare the dismissal invalid, requiring the employer to pay wages until re-employment.

Practical Examples of the UWV Approval Procedure in Tilburg

Consider a Tilburg retail company undergoing reorganization due to store closures. The employer seeks to dismiss three employees for economic reasons and submits a UWV application with reflection calculations. After hearing the affected employees, the UWV approves the dismissal—provided there is no discrimination—and the employees receive a transition payment plus unemployment benefits.

Another case: An employee at a local Tilburg factory has been ill for two years following a work-related accident. The employer applies for UWV approval after reintegration efforts, such as a trial placement. If approved, the contract ends, but the employee retains **WIA (Disability Insurance) rights**.

In a failure case: A Tilburg employer ignores works council advice during an economic dismissal. The UWV rejects the approval, and the employee wins **three months' salary** in compensation through the sub-district court.

Rights and Obligations in the UWV Approval Procedure

Employee Rights in Tilburg

  • Right to be heard: Present your case and provide evidence.
  • Right to transition payment: **1/3 of monthly salary per year worked** if approved.
  • Right to unemployment benefits: After registering with the **Municipality of Tilburg**.
  • Right to appeal: Against UWV decisions within six weeks to the administrative court.

Employer Obligations

  • Reintegration efforts: Minimum **104 weeks**, with UWV reporting.
  • Follow the reflection principle: Unless in small Tilburg businesses.
  • Offer alternative work: Before submitting the application.

For guidance on UWV vs. sub-district court procedures in Tilburg, contact the **Tilburg Legal Desk** for personalized support.

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