Dismissal in the event of an industrial dispute

An industrial dispute with your employer can create a lot of uncertainty. Perhaps communication has been difficult for some time, the situation has escalated or you feel pressure to take steps you do not yet support. In such a situation, it is natural to wonder what your rights are and what is actually possible. Read on or contact us directly for advice from our employment lawyer.

Fast forward to

When is an industrial dispute?
What steps can you take in the event of a disrupted working relationship?
Can you be dismissed due to a labour dispute?
Dismissal with a settlement agreement (VSO)
Dismissal procedure through the subdistrict court
Dismissal in the event of a disrupted working relationship: are you entitled to unemployment benefits?
Enlist my legal expertise
Frequently asked questions about dismissal in an industrial dispute

When is an industrial dispute?

A labour dispute exists when the cooperation between you and your employer is structurally disrupted. This could include, for example:

persistent disagreements;
tensions over functioning;
a lack of confidence;
problems in communication.

This is not a one-off dispute, but a situation where the conflict persists and the work suffers as a result. Legally, it is often referred to as a disturbed working relationship or disrupted working relationship. This only applies when recovery can no longer reasonably be expected. Employers must be able to substantiate this, for instance with interview reports, warnings or attempts to resolve the conflict.

What steps can you take in the event of a disrupted working relationship?

In the event of an industrial dispute, there are, in practice, three routes you and your employer can take.

Engage in conversation

The first step is often to talk to your employer. An open conversation can look at where the conflict arose and whether agreements are possible to improve cooperation. This sometimes involves a manager, HR or a mediator. The aim is to restore trust and prevent further escalation.

Change of function

If the conflict is related to your job or work environment, a job change or reassignment may be a solution. Consider different tasks, another department or another manager. This is especially relevant if the organisation is large enough and both parties are willing to look at alternatives.

In labour disputes between employee and CEO, this solution is often more difficult.

Dismissal

If the conflict cannot be resolved, dismissal may come into the picture. Dismissal in a labour dispute is not automatic, but via a termination agreement or through dismissal proceedings in the subdistrict court. Which route is chosen will affect your legal status and possible benefits.

Does your employer want to dismiss you because of a disrupted working relationship? We recommend seeking legal advice first in that case. Feel free to contact us via +(31) 085-08 054 82. Sign no settlement agreement or other binding documents before you have spoken to an experienced dismissal lawyer.

Can you be dismissed due to a labour dispute?

An industrial dispute is not in itself a direct reason for dismissal. Your employer may not dismiss you simply because the relationship has deteriorated. Dismissal is only possible if there is a serious and permanently disrupted working relationship, where it is plausible that recovery is no longer possible. In practice, this means that an employer must show that:

the conflict is structural and not temporary;
attempts have been made to repair the relationship (e.g. talks or mediation);
continuation of employment can no longer reasonably be expected.

If these conditions are met, dismissal can take place via two routes:

dismissal by mutual consent, usually set out in a settlement agreement;
dismissal through the subdistrict court, with the judge assessing whether the dismissal is justified.

Note: Which route is chosen will affect your legal status, compensation and possible benefits.

Dismissal in the event of a labour dispute during illness

An industrial dispute during illness requires extra caution. In principle, there is a ban on dismissal during illness: your employer may not dismiss you while you are unfit for work. This prohibition of dismissal also applies when the conflict (partly) contributed to your calling in sick.

Do you need to sign anything if you are still incapacitated?

No. In practice, pressure does sometimes arise to reach agreements on termination of employment, for example through a settlement agreement. The risk in doing so is that you unintentionally waive important rights, such as continued payment of wages in case of illness or a Sickness Benefits Act or unemployment benefit. Especially if illness is related to the employment conflict, the legal framework is complex.

When is dismissal during illness allowed in the event of an industrial dispute?

Dismissal during illness is only possible if the dismissal is not related to the illness itself. In practice, dismissal during illness may be an issue, for example, if:

the industrial dispute had been going on for a long time and was well established;
recovery or mediation has demonstrably failed;
the subdistrict court ruled that there was a permanently disrupted working relationship not caused by the illness.

Note that this assessment is strict. If illness and industrial action are intertwined, the dismissal prohibition usually does apply. This is precisely why legal advice on dismissal during illness is essential.

Dismissal with a settlement agreement (VSO)

In a labour dispute, dismissal is regularly arranged through a settlement agreement (VSO). This is a written agreement in which you and your employer jointly record that the employment contract will end, subject to previously agreed conditions. There is no judge involved in this case.

Although a VSO is often presented as a quick and neat solution, it is important to know that its contents can have direct consequences on your legal status and possible benefits. Therefore, always ask for a free VSO check to us.

1. Apply for VSO check

Complete the application form and upload the settlement agreement you received from your employer. Do we receive your application on a working day before 17:30? Then we will call you back within 30 minutes for personal advice.

2. We check your VSO

Once your application is in, we will take employment lawyer Robin Sieverdink will carefully go through your settlement agreement with you. He will check whether the agreements are legally correct, whether your interests are properly defined and whether the terms and conditions are in line with what happens in the event of dismissal due to a disrupted working relationship.

3. Requested before 5.30pm? Clarity within 30 minutes

After completing the audit, we will contact you for a clear, no-obligation consultation. During this conversation, we will explain, among other things:

Whether the transitional allowance was correctly determined;
or your WW entitlement well is secured;
Whether outstanding leave hours have been accounted for correctly;
whether you may already start working for a new employer during the notice period;
Whether there is room to negotiate better terms;
Whether you are entitled to a (positive) certificate;

and whether the notice period is correctly incorporated into the settlement agreement in law.

4. Legal support for possible follow-up steps

Does the VSO check show that the proposed scheme can be improved? Then we will discuss the next steps together. If you wish, we can consult with your employer on your behalf.

In most cases, there is no cost to you as employers often set aside a budget for legal advice. Should there nevertheless be a cost component, this will always be clearly agreed with you in advance.

Why is our VSO check free?

We deliberately choose to offer the initial assessment free of charge and without obligation. This way, you can consult a specialised dismissal lawyer without any thresholds and do not have to assess for yourself under time pressure whether your VSO is legally correct. It is precisely at this stage that people often sign too quickly, or rely on general online information.

While online sources or tools like ChatGPT seem to provide quick insights, they do not offer a complete and situation-specific assessment.

Get in touch today!

We check 100% your settlement agreement for free and without obligation. Sent in before 17:30? Advice within 30 minutes.

95% certainty on improved severance scheme

We help you free of charge with the first intake

For questions or personal advice

Call or app: (+31) 085 080 5482
Mail: info@legalworx.nl

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After 2 years of sickness, I ended up in the WIA. Despite good contact with my employer, the settlement agreement felt a bit sloppy and rushed. I got in touch with Robin from LegalWorx via via and he helped me very quickly and competently. And indeed he discovered some inaccuracies in it. He also took the time and effort to answer my other questions or advise me. In the end, I signed the VSO with good feelings.

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Due to a difference of opinion with the employer , regarding a VSO, I came across LegalWorx via Google. Even during our first telephone conversation, I knew I had found the right man. Robin is incredibly decisive, skilled and professional. After discussing the VSO, he immediately went to work for me, with the result that an amended version could be sent to the employer the very next day. I found the way he communicated to me incredibly pleasant. His explanations were clear, straightforward and he can be reached at any time of the day! Thanks to Robin, I got a great deal! I would like to thank you once again for your help. I will definitely recommend LegalWorx to people who need professional legal help. ⭐⭐⭐⭐⭐

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Dismissal procedure through the subdistrict court

If dismissal by mutual consent fails, an employer can ask the subdistrict court to dissolve the employment contract. In a labour dispute, this is usually done on the basis of a disrupted working relationship. The court will then assess whether the conflict is so serious and enduring that continuation of the employment is no longer reasonable.

What should an employer submit to the subdistrict court?

An employer must make it clear to the subdistrict court that dismissal is unavoidable. Among other things, the employer is expected to provide information on:

The nature and background of the labour dispute;
the steps taken to restore the relationship;
written records of communication, such as interview reports;
possible use of third parties, such as a mediator or occupational health and safety service;
Your personal and employment law situation;
The employer's organisation;
investigation into redeployment;

internal rules or policy agreements.

If insufficient attempts have been made to solve the problem, the dissolution request may be rejected. If the dismissal is granted, the court will determine whether you are entitled to a transitional allowance and when the employment ends.

Dismissal in the event of a disrupted working relationship: are you entitled to unemployment benefits?

Whether you are entitled to WW benefit after dismissal due to an employment conflict depends on the reason for the dismissal and how the employment ends. A disrupted working relationship does not have to stand in the way of your WW entitlement, but there are clear conditions.

For WW retention, important factors include:

the initiative for dismissal lies with the employer;
you cannot be seriously blamed for the creation or continuation of the conflict;
the notice period is correctly applied;
you remain available for new work after the end of employment.

When dismissed through the subdistrict court, the UWV usually on the basis of the ruling whether these conditions have been met. In the case of dismissal by mutual consent, the agreements made are looked at. Especially in the case of industrial disputes, this assessment is sensitive, as the UWV can be critical as to whether there is culpable conduct.

My initial advice is free

Enlist my legal expertise

My name is Robin Sieverdink, employment lawyer specialising in dismissal cases and settlement agreements. I help employees facing an employment conflict to regain clarity about their position and make legally correct choices.

When you are dismissed because of a disrupted working relationship, there is often a lot on your mind. I not only check whether agreements are legally correct, but also what the consequences are for your income, your benefits and your future. You will receive honest and clear advice, tailored to your personal situation.

Want to know where you stand and what is wise in your case? Then request a free, no-obligation assessment.

First consultation is free
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You have 95% chance of a better severance package

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Frequently asked questions about dismissal in an industrial dispute

Can a labour dispute affect my references or certificate?Iclicks2026-03-26T15:38:16+00:00

Can a labour dispute affect my references or certificate?

Yes, you can. This is precisely why it is important to make clear agreements on this when terminating employment. In many cases, it can be stipulated that you receive a neutral or positive certificate.

What if my employer pressures me to sign?Iclicks2026-03-26T15:37:38+00:00

What if my employer pressures me to sign?

Pressure to sign quickly is common in labour disputes, but you are not obliged to agree immediately. You are entitled to reflection time and may always seek legal advice. Signing too quickly could affect your benefits or compensation.

Have you already signed? Then you have a 14-day cooling-off period from then on.

Am I always entitled to compensation for dismissal due to an industrial dispute?Iclicks2026-03-26T15:37:05+00:00

Am I always entitled to compensation for dismissal due to an industrial dispute?

No, this is not automatically the case. When dismissed through the subdistrict court, you may be entitled to a transition allowance, unless there is serious culpability. In the case of dismissal by mutual agreement, it depends on what you and your employer agree on. The amount and conditions differ depending on the situation.

Calculate your severance pay

Is it wise to call in sick in the event of an industrial dispute?Iclicks2026-03-26T15:35:57+00:00

Is it wise to call in sick in the event of an industrial dispute?

A labour dispute in itself is not a valid reason for calling in sick. Sick leave is meant for situations in which you are unable to work due to illness or a physical or psychological impairment. Therefore, if there are no medical complaints at the time of calling in sick, calling in sick is not appropriate.

That said, an industrial dispute can lead to illness. Prolonged tension or stress, for instance, can cause psychological or physical complaints. In that case, there may still be legitimate sick leave, in which case a company doctor will assess whether you are unfit for work. This principle is in line with the guidelines as explained by the Ministry of Social Affairs and Employment.

Can I resign myself in a labour dispute?Iclicks2026-03-26T15:35:00+00:00

Can I resign myself in a labour dispute?

You can resign yourself, but this often has major consequences for your WW entitlement. In most cases, your own resignation is seen as culpable, which means you are not entitled to WW benefits. It is therefore wise to seek legal advice before taking this step.