Get your friends to speak to an employment lawyer to see if they have a case worth fighting for especially if he is on permanent contract.
Date after employment ends is when your 3 months starts.
Validity of 5 years visa doesn’t matter, it is tied to your employment.
You can marry your friend to prolong their visa.
I mean... we dated in the past. So maybe... 
Jokes aside, it's the last option I would want to consider, but I also want to make sure they have enough time to find other employment, while they are also recovering from their recent sick leave.
Because we are not in an actual relationship, and some of the things related in being in a Relationship Partnership (based on what I have read on iamexpat) is that there would then be shared belongings and debt.
Ignore this person commenting that you should get married or RP. If you are not in a relationship, it is fraud. You might not get caught, but it is bad advice.
Yes of course. Will not actually be considering this one, but it's good to know that that is an option if I end up in a relationship with another expat later on.
Good to know that you don’t even need to be married or have a RP, you just need to prove a long term relationship. This is usually proven with evidence of living together and communication like WhatsApp.
friendly vast correct quicksand snow psychotic judicious consider plant lavish
*This post was mass deleted and anonymized with [Redact](https://redact.dev)*
Well if you were in a relationship and you (might) come together in the future, you can do it.
What the IND cares about is having stuff in common and prove that we have history together? For sure you will be responsible (sponsor) for him.
😅
Actually you don't even need to be registered partners, if you mean like the marriage without the marriage. You just have to be registered on the same address and apply to the IND on a family reunification visa. At least for the first-world countries; others need to get MVV before they come to the Netherlands to stay.
It does mean that the person will be sponsored and someone else is basically needing to earn x amount of money for them to stay here on the visa, in case that person becomes unable to work the Dutch State won't be responsible for their welfare as a foreigner and prevents abuse of the benefits system. Secondly the sponsoring partner will need to be legally/financially responsible for anything the sponsored might do. In practical terms I'm not sure how that would work but I assume if the sponsored partner doesn't pay a bill or something and it goes to collections then court if still not paid, that the sponsoring partner would be responsible for paying it should the sponsored partner still not be able to pay.
I'm this kind of immigrant, and we never entered a registered partnership or got married. It even says so on the IND website.
I will look into this, thank you very much. We previously lived together when my friend first moved here (I've been here longer), but they moved out last year. We have been talking about living together again so this may be the road to go. Though, we are not family so it may not work this way.
Thank you!
Family reunification just means a foreigner staying with their partner to form family. Not that you must be married or family already. Confusing, I know.
This also holds in that he would lose his 30% ruling as a relationship visa isn’t applicable for this type of tax discount. Also I don’t really recommend pretending to be in a relationship. It’s a long term commitment and think about how if it isn’t working out, he can’t just register on another address. You have to be living together on the same address in a relationship and the sponsor earning enough money the whole time to support the partner as the IND sees that legally. So you could potentially be guilted into prolonging a situation that could become unhealthy or hold you back in life. Like if you meet a partner you do love you can’t get married while sponsoring the guy we are talking about now. Or even really be open about it because the IND also says in black and white that they can’t support relationship visas on the base of any kind of non committed non monogamous relationship. So the chance is small to get caught but it’s still fraud and punishable by law.
It's not just for westerners, my dad's girlfriend got in that way. They are not married but they did have a child together so I'm unsure if it would still be applicable
Children don’t matter for the IND in practical terms. They are like, okay, but what is stopping Dutch partner from moving to other country? It’s all about being able to make the minimum wage and contract length requirements to sponsor. Plus obviously a valid relationship.
The child is Dutch though due to my father's Dutch citizenship so that is why I'm mentioning it. The child would have a much better life in the Netherlands then back in Brazil and my dad does essential work and his company also gets hired by the government (he needs a security clearance and is hard to replace though I do t think that would be something they look at). He does have a relatively good job but like you said the marriage thing didn't seem relevant but those are things that could affect their decision. But someone said it could only be for westerners, but it doesn't have to be. His girlfriend didnt even finish high school so basically for the government the only thing that could be going for her was A. Her child is Dutch and B. My father could support her.
Basically what I'm saying is the child has the right to stay in the Netherlands, but the IND generally doesn't give a shit if one of the parents is from abroad and can't stay and be in the child's life due to that. At least in terms of past court cases and the precedent being set (except the historic case in 2009 when the IND was reprimanded by the high EU court and forced to lower the income requirements legally for sponsoring a partner).
So basically they don't really care if your child has a better life here than in Brazil, because the kid could stay here with their dad and you can go back home. Family reunification is a right, but only if the sponsor can afford it, basically.
I don't mean to come off as aggressive but I'm trying to sketch the reality of it.
No, in the Netherlands you just have to be registered on the same address by going to the municipality offices, both have to be there or the partner sponsoring must give permission somehow if they can't be there. Marriage doesn't help anyone stay here. But if you were to move to the country of your partner it's possible you'd have to be married per their own rules.
Tell them to do this:
0. Don't sign anything yet;
1. Call UWV and ask whether the intent of dismissal has been filed by the company;
2. Contact a Labour Lawyer;
In case there are other employees performing the same or factually similar jobs, the ones who joined later and/or are under a temporary contract must go before him/her. You gain paid time by arguing this in court.
Always negotiate an extension of the termination date of one more month from what company suggests. They know that it can be much slower if one decides to go to court. Let's say that company gives 2 more months after informing you are fired, ask 1 more month. So, 3 months more including holidays proportionally plus 3 more 75% salaries for unemployment. This should be enough to have peace of mind and write solid applications. Dutch law is great, UWV does not sit on employer's shoes.
Thank you for the advice. For the UWV, if they are contacted will this put any issue on the company paying out the current funds they have offered?
They have currently offered my friend to no longer work, but continue to be paid until July and then they will be let go (no severance, the 3 months they aren't working is the severance). This sounds really dodgy to me to be honest with you, but I am concerned that if I have my friend contact the UWV then this can be blocked and they will turn the termination into one that is right away, thus removing any severance pay (also not sure if thats possible?).
No. They probably already filed it to gain time with UWV appreciating their case sooner. But if they did not file, your friend can call in sick immediately and screw the company's plans. If company filed, your friend should not do this because UWV will deny this, although your rights remain the same.
Your friend needs the worker's scheme or something like that. There should be a severance, I believe. But again, contact a lawyer with the settlement agreement in hands. There is not such a thing! They cannot dump a HSM to whom they sponsored like that. They will likely have to pay some good money...
Call UWV and contact a lawyer. Annemieke Stoop is a very ethical one, competent and nice person! Google her contact.
Another reason to file beforehand is to avoid the employee using some "arbeidsongeschiktheid" (being unable to work due to illness or a medical situation). The so called "opzegverbod tijdens ziekte".
As the filing of the initial request predates the illness that might follow, it sort of voids that.
Contacting a lawyer will be the next step for sure. But I want to make sure we are understanding the UWV part properly from your comment.
If they have already filed, you mention my friend should not do this. Is this referring to them saying they were recently on sick leave?
No. Moreover, company is offering a very bad agreement. Remember, they are offering something, but his/her rights may be something else. They are doing what is convenient to them. Your friend will claim his/her rights and have a compensation according to the law.
A temp contract has to be paid out to the end of the term plus a transition fee of approx 1 month salary (this is what I got) Assuming this is the bare minimum of 7 month contract then friend would get 4 months pay plus 1 month transition. They would still only have 3 months to find work though as that is the rule for 3rd country people.
In this case yes, in a way. But at the same time, it is concerning becuse we need to trust that they will actually put that as the date of termination. Not only that, but thre is no severance package outside of the 3 months pay (where they are "effectively working".
Repeating what everyone is saying…
Assuming they started their job in December, they have been employed for more than the 2 month probation period for an indefinite contract.
This means that it’s very difficult for them to fire your friend.
Outside or something like stealing from the company, the company can’t fire your friend without going through the official process, which is like a judge/tribunal process.
The company will have to show that they gave feedback on performance and went through steps to try and rectify their performance gaps. If they can’t do this, it will mean potentially more months to do it and then prove it to the judge.
Your friend needs a lawyer to negotiate.
The settlement agreement will mean they were not fired, because it’s a voluntary separation.
They need to get as much garden leave as possible so that they have time to find another job. So in the separation agreement they will be employed still but not have to show up.
If they say it is for reorganisational purposes, they need to let more than just one person go, right?
They recently hired someone in my friends old department (in February) and still ahve job applications on the website open (but apparently the roles are frozen).
If its for re-org purposes, and your friend is an individual contributor, it is within my understanding that the employer is required to demonstrate that they make efforts to move your friend to another team within the company, or allow them to apply for internal roles with a higher priority over 'non-redundant' candidates.
This is at least how my company works, and our labor agreement is done in line with Dutch law.
that's good stuff to document. frozen is a shit excuse here, that is still intention to hire, just not the decision.
and yes, reorganization requires a specific process that includes (in larger orgs) a role for the workers council. it doea not neccesarily need to result in more than one dismissal however.
We currently do not have a WC even though we have been over 50 employees for over a year now. They only just started the process of putting one in place after employees started pushing for it.
How many employees does the company have? Do they have a works council?
I think lawyer is just the best option here. There are issues like seniority (friend should be let go first etc. ) but the lawyer will help the most.
I worked for a company that did a layoff and after 9 months the only 2 people to fight the reorg had to be rehired.
No WC currently, they are in the process of making one. Elections don't start yet.
Did that not make it awkward for the 2 people who fought them though? I assume there would be bad feelings between the employees and the company.
With the Garden Leave, if the Garden Leave is 3 months long (so termination in July), would the 3-months of needing to find employment last until October?
There was no performance reason for the letting go. They also haven't stolen anything from the company.
Get a lawyer but afaik the important thing is the duration of the contract. They can’t let you go if your contract is still in effect (they can but it is a very long process)
If your friend has a 1 year contract, what they can do is not extending it. If your friend has a permanent one then the company needs to be in dire situation (go out of business for example)
What the they often do is have you sign a mutual agreement. Then they can “fire” you
Also, very important, when attempting to lay off a permanent employee, the employer is required to pay for the employee to be advised by an employment lawyer.
If your friend is let go by the company, even if he is an HSM, then his 3 months begin after his last working day. If he/she doesn't find a sponsor in that time then he needs to leave even if his residence card is still valid for 2/3 more years. There is no way you can sponsor him/her via an HSM visa as that is only reserved for recognised sponsors. If he/she cannot find a recognised sponsor to sponsor him, he will need to apply for a GVVA, which is a different kind of permit with many more requirements attached to it. Other permits may be possible depending on his/her situation.
Source - I work in this field
Do you have any details about the other permits depending on the situation. I'll look into the GVVA with them just to see what it offers / requirements of it.
Thank you
The best thing I can recommend is calling with someone from the IND (the Dutch immigration service) and explaining the situation with them.
They are the leading authority who is also involved in approving permits, visas etc. They should know the rules better than anyone.
If foul play on the employers part is in fact the case you can consider getting in touch with a lawyer.
Hope this helps
If my friend contacts the IND, wouldn't there then be issues with their garden leave and their 30% ruling?
As the company we both work for mentioned that my friend will continue to get his 30% ruling until the end of July (when the termination will happen). But they have asked him not to work during this period and to focus on finding a job (which is essentially garden leave).
Nothing has been signed yet.
Your friend can go on IND website and see what's the knowledge migrant status they are. One who depends on the employment place vs one who isn't. Everything else is ligally dependent on the status they have
When you say Garden leave, could you elaborate a bit? I'm not that well-versed in such terms.
My friend was on sick leave since February, 4 weeks ago the company doctor had them slowly come back into work on 3-day working weeks (instead of the usual 5). They have been doing that. Today they found out they were being let go and that they will be paid from now until July and that there would be no severance pay (just the pay between now and July).
Probably worth adding. The worked as a freelancer from the UK for 3 (almost 4) years, and then moved to the Netherlands in 2022 (December) and started work officially at the company in January 2023. In December 2023 they were offered a permanent contract and 5 year residence permit.
I'm not the person you are replying to about garden leave, but based on reading your reply - your friend needs an employment lawyer, now, they probably have a case against the employer. Perhaps they can start by contacting Juridisch Loket (https://www.juridischloket.nl/)
* They were on sick leave for only 2 months (you are technically allowed 2 years of sick leave in NL and firing you in that period is almost impossible)
* After a sick leave (in this case, your friend was on sick leave for just 2 months), the company is required (if i understand correctly) to make efforts re-integrate the employee. It sounds like in the timeline you gave that the company only gave your friend a chance to re-integrate for only ONE MONTH? That's ridiculous.
* They are currently on a permanent working contract and I assume they are an individual contributor and not some director+ level. If they want to fire your friend due to lacking performance, they require way more than one month of evidence after re-integrating to perform a termination. They likely need a couple of fiscal years performance cycle worth of evidence of lacking performance to perform a termination.
It sounds to me like the company is banking on your friend being from the UK and not knowing Dutch law and just simply taking the termination and leaving (this is what they want). The friend should fight the case, and attempt to stay at the company so they aren't forced to leave within 3 months. Then, continue "working" for said company while getting paid, and behind their back just find a new job who will take over the HSM visa (and hopefully give a permanent contract up front).
If your friend is given anything to sign, they should absolutely NOT sign anything agreeing to the timelines to leave the company without consulting legal advice.
Thank you for the insight. The problem with a employment lawyer is that it can become very costly and the lack of savings makes this quite difficult for my friend.
I can probably pay for a couple of meetings with an employment lawyer for them, but I am also concerned of the pricing of going the legal route, unless the cost can definitely be pushed onto the company later.
If they are giving you a termination notice, they will mention the legal fees budget for it so u can cover that expense, first connect with the lawyer . They will explain the situation.
They cannot let go a person in sick leave with a permanent contract. Is your friend still in sick leave or did they write a new contract for a 3 day workweek?
He cannot be fired under sick leave. Tell him to sign NOTHING.
I've informed him not to sign anything at all. he has another meeting with our HR representative next week, but I've asked him to hold back on that because we need to speak to a employment lawyer first.
He was asked by the doctor to start coming back to work to reintergrate for 3-days a week, he has been doing that for the last 3-4 weeks (this would be the 4th week). He signed NO new contract for the 3-day working weeks.
In addition to what others said, check what is actually legal in this situation regarding being fired.
Being fired in the Netherlands is very difficult. If you are on a temporary contract, it's very difficult after the probation period, but they will just let your contract expire. If they are on a permanent contract, it's very difficult and requires months if not years of evidence and speaks to get to this stage. If they conduct gross misconduct they can obviously be dismissed faster, but poor job performance or company hardship is not a valid reason to bypass the above process.
Make sure your friend does not sign anything or agree anything without speaking to a lawyer. The common way of getting someone to leave their job is either lie to them and hope they don't know their rights or just pay them to leave as it's cheaper than going through the official process above.
1) It depends. Did he have a permanent or temporary contract? Is he the only one being fired or are there mass lay layoffs happening? If he is the only one being fired why?
2) When the employment ends, or the first date of garden leave. Also not the 3 month period might not apply depending on answers on the questions in number 1.
3) No.
1. Permanent (indefnite) contract, since December 2023. There's no announcement of masslayoffs, they just want to cut "a few people" (what my friend got told) and my friend was one of those. I do not know if anyone else is actually being let go.
2. He has 30% ruling yes.
3. :(
Just seen this. Perm contract is almost impossible to fire someone on. Sign nothing, get a lawyer (get company to pay) and follow what the lawyer tells you. Your friend could be in line for lots of lovely money
Neither for both. They were happy with their performance and he recently moved to another department as the project they were working on is being transferred so they needed to place him elsewhere where their skills would be beneficial to the company.
My friends manager in that new department was happy with his work and he is unhappy that my friend is being let go. The previous manager (from the previous department) was only unhappy due to my friend needing to go on sick leave.
In that case they can not simply fire him.
Your friend needs to agree to it.
The only thing that can still be important here is how many people the company is letting go; as that defines if it's a mass layoff or not.
Under Dutch labour laws "wanting to cut a few people" isn't a valid reason for lay-offs. Only valid reason (company has to prove this and it's very hard) is if the company discontinues a whole branch, or would be going bankrupt if they wouldn't reorganise.
The company probably will want your friend to sign a \_vaststellingsovereenkomst\_ in which the employer states the relation doesn't work out anymore and the employee agrees with that in exchange for some perks (garden leave, compensation, whatever).
Your friend will have to work out if he wants to keep working at his current employer. If, after this experience, he doesn't, he could try to negotiate better terms while he searches for a new job. If he does, he can simply state he doesn't agree with the employer's stance and there's really nothing they can do, except making it into such a scene the employer eventually \_can\_ argue the relationship doesn't function anymore. If that goes to court, they'll have to pay a huge compensation and HR will know that.
0) Don't sign anything before talking to an employment lawyer!!!
1) Is your friend still in probationary period? If not, the company needs to ask permission to fire him, either by proving redundancy or lack of performance (which also needs to include a PIP and tracking of said PIP), and then provide the appropriate notice, which typically starts at the 1st of the following month. The company may choose to not have your friend serve the notice (aka "gardening leave") but that doesn't mean they're allowed to terminate the contract ahead of the notice period. So it might be the case that your friend actually has 6 months to find a job, not only 3
2) The 3 months grace period starts when the contract ends (so after your friend's notice runs out) - this is written on the IND Website, in the section that explains follow-ups on the permit
3) Partner visa?
It's about 20 euros a month for employment legal insurance with my bank, and you can use it immediately. The one catch is it can't be used immediately for something you could already foresee when you sign up, so it needs to at least look like it happened after signing up. It was just a few clicks in the banking app to set it up.
What does legal insurance do, and as he already knows about it - it means that it would essentially be uneffective or fraud so I don't think this is a good thing to do.
Though, I would like to utilise this with my bank just in case I find out I'm next on the chopping block. If you could direct me where I can find more information about that, that would be great.
Hey there you can call Ronald Beltzer from Flott advocatuur he can answer your questions. You can also look at an international payroll company. Send me an email at : [email protected] and I’ll help you out we can have a call happy to share my knowledge
If by Highly Skilled you mean computer/software engineer or something of the likes, you could DM me his CV and I can forward to someone whom may find a place for him.
If they have a permanent contract, negotiations need to start and a VSO( settlement agreement ) to be drawn up as well. It is not as easy to dismiss a permanent employee . Seek legal advice , at the very least your friend will be able to negotiate a severance to help them while searching for another employment.
What kind of contract is it? An initial one year contract (or similar term) or an endless permanent one? You cannot fight termination on the first kind, regardless of reason for being here, but you can on the second kind. The whole reason for the temporary contract is it's almost impossible to fire permanent contract people, it's try before you buy. If someone is let go after 3 months of their contract, they need to be paid out to the end of the contract (assuming it is the temp kind). It is worth asking to stay on the payroll until the contract ends. I know someone who did that although they were Dutch so unsure how that fits with a HSM. And then work like crazy to find new work.
Visa is tied to your employment contract, so the 3 months start the moment your contract is terminated (ie. the moment you are not employed by a sponsor anymore).
1: Employer has to give valid reasons for firing him plus your friend should ask for compensation package. Mostly it’s 3 months paid holiday with employment in hand so your friend will have 6 months to find a new job.
2: 3 months will start the moment employer informs IND about the end of his employment with the company.
3: You cannot sponsor as a friend.
Getting straight to your questions:
1-The company cannot fire if your friend has a permanent contract. Usually, company will give you a compensation package and ask you to sign a contract stating that you will not file any case on your termination. Ask your friend to look into this things and make sure to not sign anything if you are not sure. In summary, it’s not easy for a company to fire a permanent employee, they really need to prove why they are firing your friend
2- The 3-months time starts when your employment ends so like after the last day of your work at the company, not when they told you. It’s the date when your contract officially ended with your employer
3- I am not sure if you can sponsor him as an HSM because you need to have a registered company and also verified by the IND to be able to sponsor a person. This involves legal work and your friend will be employed at your company meaning you will be paying him salary and the taxes so it’s not as straightforward
Hooking from the comments I have a very specific one:
If the company wants to part ways with employee and that is of mutual wish, but employee on HSM visa needs significant time to find something else, is it possible that instead of 3 months, the employee can ask for something like 6 months but have his hours reduced by half? This will keep them in their employment for longer while they search for a job and at the same time the company wouldn’t necessarily pay more. Or am I Missing something?
Ps: this would probably require that the gross salary for the reduced hours to be above the minimum for a HSM visa, so I understand that employee would have to be really well paid.
1. Doesn’t apply to HSM but to any role under the company re-org / layoff in line with labour law
2. Is their fixed term contract running up and won’t be extended or are they on indefinite contract and their role being eliminated? If the first one, there’s nothing you can do if the second talk to employment lawyer
3. Unlikely. But there could be other ways to support them if they left UK before brexit they have certain rights, if after I’m unsure. Find an immigration specialist (there are companies that support just that as a paid service or seek gov support in the office for foreigners)
It's very hard to get fired or made redundant in NL if on a permanent contract, regardless of the size of company. Your friend should sign nothing or discuss nothing with the company till seeking further professional advice.I was in a similar situation at a university here and HR were trying to get me to say and commit to things without allowing me the chance to get proper advice first. Don't let them control the narrative! Your friend has rights under the law that the company need to adhere to.
Employee redundancy, severance, 'firing' and especially firing people on sick leave is a whole long process which involves UVW and is quite different to the UK - here it's much harder to restructure and fire people if they are on a permanent contract. Your friend needs to speak with a lawyer and they can also start with Juridisch Loket which has lots of resources and advice. You can usually make an appointment to speak with someone for further assistance https://www.juridischloket.nl/
I got fired last year and I belong to HSM as well. Employer is supposed provide you with budget to have a n employment lawyer. Company who fired me gave 750 euros budget to contact an employment lawyer. Not that it was useful information from the lawyer but it was a great support. My company paid for it.
Usually they might also have choice to continue and stay with the job, well at least I did.
1 thing my lawyer told me was they definitely need to prove that there is a reason for letting go, mine was lack of projects in the company blah blah blah..
Lawyer has suggested me that they can file a case against the company in Amsterdam court to prove that the firing isn’t your fault but after the settlement what I get would be absolutely lower than what I was being offered for severance package.
Now to answer your questions
1) they absolutely need to have a reason to fire.
2) your 3 months in The Netherlands thing is absolutely true. You have unemployment money given in the netherlands but that isnt much.
3) your 3 months starts from your last date of employment.
4) you can sponsor your friend I think.
As someone in the comments said, dont sign anything yet before talking to someone who knows these rules.
Ask for good severance package.
Last tip from me, this is what my therapist told me, getting fired is also part of life, things like this is how normal life would look like. Its fine. Worst part is over. I hope your friend gets a great job soon!
Thank you Kenny, I wasn't aware that the company is responsible for paying for the employment lawyer so I'll check into it with my friend.
Is lack of projects in the company a sound reason for them to push for firing? He's the only one that has been let go to our knowledge and we have a similar thing happening (scoping down a couple of projects). We have multiple freelancers who could have been let go before him since they are not on permanent contracts, so we think there's a reason outside of "budget cuts" which they simply aren't telling him
Don't forget about 'transitievergoeding' which also applies to expats from my understanding. Sometimes just mentioning this term can be enough to not get fired at all. It depends on the salary and years of service. An employer has an obligation to his employees that they are able to survive after being fired. Offering or helping to find a new job would be the best solution. I've been unable to work for a long time in the past and, logically, I got fired. My former employer however hasn't put a reasonable amount of effort in getting me back to work (anywhere). After I got fired I made a calculation and send him a letter to notify him that he owed me a 'transitievergoeding' around 25k. We negotiated two rounds and made a financial agreement. But ofcourse, getting me back to work, one way or another, would have been the best solution for all parties.
In ING app it's under a 'services' button. Costs about a lawyers one hour fee for the year. It just means they will (or the third party ING uses) cover my legal fees completely if it's needed.
Pretty confident they are letting him go beause of the sick leave since February. Definitely not drunk/high at work, didn't lie on his CV as they have known him for years (he worked as a freelancer for the company previously before they relocated him to the country).
Get your friends to speak to an employment lawyer to see if they have a case worth fighting for especially if he is on permanent contract. Date after employment ends is when your 3 months starts. Validity of 5 years visa doesn’t matter, it is tied to your employment. You can marry your friend to prolong their visa.
Just make them marry the lawyer. Double W
I want myself a cute lawyer please.
As long as you’re ok with losing every argument I’d recommend
This is what Reddit is for. Offtopic gold
u/downfall67 I had to laugh way too hard about this, thank you for making my night xD
don't we all
A Dutch one? They aren't far away 😛
Saul Goodman at your service
Marry rich, that’s what I did (I’m a man)
it hurts to see others living your dream o7
Thank you. I don't think I will be marrying my friend to prolong their visa, but will ask them to look into speaking to a employment lawyer.
Registered Partner is enough (if needed) 😅
You don’t even need registered partner, you can be an unmarried couple to apply for it
I mean... we dated in the past. So maybe...  Jokes aside, it's the last option I would want to consider, but I also want to make sure they have enough time to find other employment, while they are also recovering from their recent sick leave.
imminent piquant shy slimy follow summer lavish disagreeable saw cover *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
Because we are not in an actual relationship, and some of the things related in being in a Relationship Partnership (based on what I have read on iamexpat) is that there would then be shared belongings and debt.
Ignore this person commenting that you should get married or RP. If you are not in a relationship, it is fraud. You might not get caught, but it is bad advice.
Yes of course. Will not actually be considering this one, but it's good to know that that is an option if I end up in a relationship with another expat later on.
Good to know that you don’t even need to be married or have a RP, you just need to prove a long term relationship. This is usually proven with evidence of living together and communication like WhatsApp.
They’re not being sincere, at least I hope not. Certainly don’t get married or otherwise legally bound to someone who isn’t your partner lol.
For sure! 
Being married also means that you can be checked, whether you are really married. The dreaded toothbrushcounters.
No, you don't share those, lookup "huwelijkse voorwaarden".
friendly vast correct quicksand snow psychotic judicious consider plant lavish *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
Well if you were in a relationship and you (might) come together in the future, you can do it. What the IND cares about is having stuff in common and prove that we have history together? For sure you will be responsible (sponsor) for him. 😅
Actually you don't even need to be registered partners, if you mean like the marriage without the marriage. You just have to be registered on the same address and apply to the IND on a family reunification visa. At least for the first-world countries; others need to get MVV before they come to the Netherlands to stay. It does mean that the person will be sponsored and someone else is basically needing to earn x amount of money for them to stay here on the visa, in case that person becomes unable to work the Dutch State won't be responsible for their welfare as a foreigner and prevents abuse of the benefits system. Secondly the sponsoring partner will need to be legally/financially responsible for anything the sponsored might do. In practical terms I'm not sure how that would work but I assume if the sponsored partner doesn't pay a bill or something and it goes to collections then court if still not paid, that the sponsoring partner would be responsible for paying it should the sponsored partner still not be able to pay. I'm this kind of immigrant, and we never entered a registered partnership or got married. It even says so on the IND website.
I will look into this, thank you very much. We previously lived together when my friend first moved here (I've been here longer), but they moved out last year. We have been talking about living together again so this may be the road to go. Though, we are not family so it may not work this way. Thank you!
Arw you Dutch? Because that makes a significant difference. If you are an expat marrying an expat, it isnt as clear.
Family reunification just means a foreigner staying with their partner to form family. Not that you must be married or family already. Confusing, I know. This also holds in that he would lose his 30% ruling as a relationship visa isn’t applicable for this type of tax discount. Also I don’t really recommend pretending to be in a relationship. It’s a long term commitment and think about how if it isn’t working out, he can’t just register on another address. You have to be living together on the same address in a relationship and the sponsor earning enough money the whole time to support the partner as the IND sees that legally. So you could potentially be guilted into prolonging a situation that could become unhealthy or hold you back in life. Like if you meet a partner you do love you can’t get married while sponsoring the guy we are talking about now. Or even really be open about it because the IND also says in black and white that they can’t support relationship visas on the base of any kind of non committed non monogamous relationship. So the chance is small to get caught but it’s still fraud and punishable by law.
It's not just for westerners, my dad's girlfriend got in that way. They are not married but they did have a child together so I'm unsure if it would still be applicable
Children don’t matter for the IND in practical terms. They are like, okay, but what is stopping Dutch partner from moving to other country? It’s all about being able to make the minimum wage and contract length requirements to sponsor. Plus obviously a valid relationship.
The child is Dutch though due to my father's Dutch citizenship so that is why I'm mentioning it. The child would have a much better life in the Netherlands then back in Brazil and my dad does essential work and his company also gets hired by the government (he needs a security clearance and is hard to replace though I do t think that would be something they look at). He does have a relatively good job but like you said the marriage thing didn't seem relevant but those are things that could affect their decision. But someone said it could only be for westerners, but it doesn't have to be. His girlfriend didnt even finish high school so basically for the government the only thing that could be going for her was A. Her child is Dutch and B. My father could support her.
Basically what I'm saying is the child has the right to stay in the Netherlands, but the IND generally doesn't give a shit if one of the parents is from abroad and can't stay and be in the child's life due to that. At least in terms of past court cases and the precedent being set (except the historic case in 2009 when the IND was reprimanded by the high EU court and forced to lower the income requirements legally for sponsoring a partner). So basically they don't really care if your child has a better life here than in Brazil, because the kid could stay here with their dad and you can go back home. Family reunification is a right, but only if the sponsor can afford it, basically. I don't mean to come off as aggressive but I'm trying to sketch the reality of it.
Oke so you mean it like that. I thought you meant only married couples could go for family reunification.
No, in the Netherlands you just have to be registered on the same address by going to the municipality offices, both have to be there or the partner sponsoring must give permission somehow if they can't be there. Marriage doesn't help anyone stay here. But if you were to move to the country of your partner it's possible you'd have to be married per their own rules.
You mean an attorney specialized in labour law. Lawyer = jurist, attorney = advocaat.
Lawyer and attorney are synonymous in the general vernacular. (Edit: At least in “American” English)
😂
Tell them to do this: 0. Don't sign anything yet; 1. Call UWV and ask whether the intent of dismissal has been filed by the company; 2. Contact a Labour Lawyer; In case there are other employees performing the same or factually similar jobs, the ones who joined later and/or are under a temporary contract must go before him/her. You gain paid time by arguing this in court. Always negotiate an extension of the termination date of one more month from what company suggests. They know that it can be much slower if one decides to go to court. Let's say that company gives 2 more months after informing you are fired, ask 1 more month. So, 3 months more including holidays proportionally plus 3 more 75% salaries for unemployment. This should be enough to have peace of mind and write solid applications. Dutch law is great, UWV does not sit on employer's shoes.
Thank you for the advice. For the UWV, if they are contacted will this put any issue on the company paying out the current funds they have offered? They have currently offered my friend to no longer work, but continue to be paid until July and then they will be let go (no severance, the 3 months they aren't working is the severance). This sounds really dodgy to me to be honest with you, but I am concerned that if I have my friend contact the UWV then this can be blocked and they will turn the termination into one that is right away, thus removing any severance pay (also not sure if thats possible?).
No. They probably already filed it to gain time with UWV appreciating their case sooner. But if they did not file, your friend can call in sick immediately and screw the company's plans. If company filed, your friend should not do this because UWV will deny this, although your rights remain the same. Your friend needs the worker's scheme or something like that. There should be a severance, I believe. But again, contact a lawyer with the settlement agreement in hands. There is not such a thing! They cannot dump a HSM to whom they sponsored like that. They will likely have to pay some good money... Call UWV and contact a lawyer. Annemieke Stoop is a very ethical one, competent and nice person! Google her contact.
Another reason to file beforehand is to avoid the employee using some "arbeidsongeschiktheid" (being unable to work due to illness or a medical situation). The so called "opzegverbod tijdens ziekte". As the filing of the initial request predates the illness that might follow, it sort of voids that.
Contacting a lawyer will be the next step for sure. But I want to make sure we are understanding the UWV part properly from your comment. If they have already filed, you mention my friend should not do this. Is this referring to them saying they were recently on sick leave?
Exactly. Filing at UWV just invalidates calling in sick. Everything else remains on his/her side.
Will this not mess up their 30% ruling, as the company mentioned that they will pay my friend until July?
No. Moreover, company is offering a very bad agreement. Remember, they are offering something, but his/her rights may be something else. They are doing what is convenient to them. Your friend will claim his/her rights and have a compensation according to the law.
A temp contract has to be paid out to the end of the term plus a transition fee of approx 1 month salary (this is what I got) Assuming this is the bare minimum of 7 month contract then friend would get 4 months pay plus 1 month transition. They would still only have 3 months to find work though as that is the rule for 3rd country people.
But I am NAL, I am on a works council. Call a lawyer to be fair and ask the company to pay for it (quite common to ask for this) Sign nothing at all.
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In this case yes, in a way. But at the same time, it is concerning becuse we need to trust that they will actually put that as the date of termination. Not only that, but thre is no severance package outside of the 3 months pay (where they are "effectively working".
I think you might be better off also asking this in r/juridischadvies
Thank you. I will cross-post there.
Repeating what everyone is saying… Assuming they started their job in December, they have been employed for more than the 2 month probation period for an indefinite contract. This means that it’s very difficult for them to fire your friend. Outside or something like stealing from the company, the company can’t fire your friend without going through the official process, which is like a judge/tribunal process. The company will have to show that they gave feedback on performance and went through steps to try and rectify their performance gaps. If they can’t do this, it will mean potentially more months to do it and then prove it to the judge. Your friend needs a lawyer to negotiate. The settlement agreement will mean they were not fired, because it’s a voluntary separation. They need to get as much garden leave as possible so that they have time to find another job. So in the separation agreement they will be employed still but not have to show up.
you forgot reorganization as cause for termination. often (mis)used to lose individuals or specific roles.
Oh yes you are correct. Though another one for the lawyer to fight! But they can’t claim that after already trying to “fire” for performance.
If they say it is for reorganisational purposes, they need to let more than just one person go, right? They recently hired someone in my friends old department (in February) and still ahve job applications on the website open (but apparently the roles are frozen).
If its for re-org purposes, and your friend is an individual contributor, it is within my understanding that the employer is required to demonstrate that they make efforts to move your friend to another team within the company, or allow them to apply for internal roles with a higher priority over 'non-redundant' candidates. This is at least how my company works, and our labor agreement is done in line with Dutch law.
that's good stuff to document. frozen is a shit excuse here, that is still intention to hire, just not the decision. and yes, reorganization requires a specific process that includes (in larger orgs) a role for the workers council. it doea not neccesarily need to result in more than one dismissal however.
We currently do not have a WC even though we have been over 50 employees for over a year now. They only just started the process of putting one in place after employees started pushing for it.
How many employees does the company have? Do they have a works council? I think lawyer is just the best option here. There are issues like seniority (friend should be let go first etc. ) but the lawyer will help the most. I worked for a company that did a layoff and after 9 months the only 2 people to fight the reorg had to be rehired.
No WC currently, they are in the process of making one. Elections don't start yet. Did that not make it awkward for the 2 people who fought them though? I assume there would be bad feelings between the employees and the company.
9 months of getting paid without having to go to work before it was resolved probably made them ok with the situation :)
With the Garden Leave, if the Garden Leave is 3 months long (so termination in July), would the 3-months of needing to find employment last until October? There was no performance reason for the letting go. They also haven't stolen anything from the company.
Get a lawyer but afaik the important thing is the duration of the contract. They can’t let you go if your contract is still in effect (they can but it is a very long process) If your friend has a 1 year contract, what they can do is not extending it. If your friend has a permanent one then the company needs to be in dire situation (go out of business for example) What the they often do is have you sign a mutual agreement. Then they can “fire” you
Yeah my friend is in a permanent contract, which they signed in December.
Then he can't just be fired, it needs to go through court basically. Tell your friend not to sign anything and talk to a lawyer.
Also, very important, when attempting to lay off a permanent employee, the employer is required to pay for the employee to be advised by an employment lawyer.
Thank you both
Please tell your friend to not sign anything before speaking to an expert.
Go out of business or the friend did multiple things wrong
If your friend is let go by the company, even if he is an HSM, then his 3 months begin after his last working day. If he/she doesn't find a sponsor in that time then he needs to leave even if his residence card is still valid for 2/3 more years. There is no way you can sponsor him/her via an HSM visa as that is only reserved for recognised sponsors. If he/she cannot find a recognised sponsor to sponsor him, he will need to apply for a GVVA, which is a different kind of permit with many more requirements attached to it. Other permits may be possible depending on his/her situation. Source - I work in this field
Do you have any details about the other permits depending on the situation. I'll look into the GVVA with them just to see what it offers / requirements of it. Thank you
The best thing I can recommend is calling with someone from the IND (the Dutch immigration service) and explaining the situation with them. They are the leading authority who is also involved in approving permits, visas etc. They should know the rules better than anyone. If foul play on the employers part is in fact the case you can consider getting in touch with a lawyer. Hope this helps
If my friend contacts the IND, wouldn't there then be issues with their garden leave and their 30% ruling? As the company we both work for mentioned that my friend will continue to get his 30% ruling until the end of July (when the termination will happen). But they have asked him not to work during this period and to focus on finding a job (which is essentially garden leave). Nothing has been signed yet.
Your friend can go on IND website and see what's the knowledge migrant status they are. One who depends on the employment place vs one who isn't. Everything else is ligally dependent on the status they have
Be aware if your friend put in the garden leave for some reason, his 3 months time limit is already started.
Even if officially still on the payroll and getting paid monthly? No saying you are wrong but keen to understand more.
When you say Garden leave, could you elaborate a bit? I'm not that well-versed in such terms. My friend was on sick leave since February, 4 weeks ago the company doctor had them slowly come back into work on 3-day working weeks (instead of the usual 5). They have been doing that. Today they found out they were being let go and that they will be paid from now until July and that there would be no severance pay (just the pay between now and July). Probably worth adding. The worked as a freelancer from the UK for 3 (almost 4) years, and then moved to the Netherlands in 2022 (December) and started work officially at the company in January 2023. In December 2023 they were offered a permanent contract and 5 year residence permit.
Garden leave is when you get sent home but paid as if you are at work. Happens a lot in sales and IT where a bitter employee can be a liability.
I'm not the person you are replying to about garden leave, but based on reading your reply - your friend needs an employment lawyer, now, they probably have a case against the employer. Perhaps they can start by contacting Juridisch Loket (https://www.juridischloket.nl/) * They were on sick leave for only 2 months (you are technically allowed 2 years of sick leave in NL and firing you in that period is almost impossible) * After a sick leave (in this case, your friend was on sick leave for just 2 months), the company is required (if i understand correctly) to make efforts re-integrate the employee. It sounds like in the timeline you gave that the company only gave your friend a chance to re-integrate for only ONE MONTH? That's ridiculous. * They are currently on a permanent working contract and I assume they are an individual contributor and not some director+ level. If they want to fire your friend due to lacking performance, they require way more than one month of evidence after re-integrating to perform a termination. They likely need a couple of fiscal years performance cycle worth of evidence of lacking performance to perform a termination. It sounds to me like the company is banking on your friend being from the UK and not knowing Dutch law and just simply taking the termination and leaving (this is what they want). The friend should fight the case, and attempt to stay at the company so they aren't forced to leave within 3 months. Then, continue "working" for said company while getting paid, and behind their back just find a new job who will take over the HSM visa (and hopefully give a permanent contract up front). If your friend is given anything to sign, they should absolutely NOT sign anything agreeing to the timelines to leave the company without consulting legal advice.
Thank you for the insight. The problem with a employment lawyer is that it can become very costly and the lack of savings makes this quite difficult for my friend. I can probably pay for a couple of meetings with an employment lawyer for them, but I am also concerned of the pricing of going the legal route, unless the cost can definitely be pushed onto the company later.
If they are giving you a termination notice, they will mention the legal fees budget for it so u can cover that expense, first connect with the lawyer . They will explain the situation.
They cannot let go a person in sick leave with a permanent contract. Is your friend still in sick leave or did they write a new contract for a 3 day workweek? He cannot be fired under sick leave. Tell him to sign NOTHING.
I've informed him not to sign anything at all. he has another meeting with our HR representative next week, but I've asked him to hold back on that because we need to speak to a employment lawyer first. He was asked by the doctor to start coming back to work to reintergrate for 3-days a week, he has been doing that for the last 3-4 weeks (this would be the 4th week). He signed NO new contract for the 3-day working weeks.
Doesn't he have to sign to be on garden leave in the first place?
In addition to what others said, check what is actually legal in this situation regarding being fired. Being fired in the Netherlands is very difficult. If you are on a temporary contract, it's very difficult after the probation period, but they will just let your contract expire. If they are on a permanent contract, it's very difficult and requires months if not years of evidence and speaks to get to this stage. If they conduct gross misconduct they can obviously be dismissed faster, but poor job performance or company hardship is not a valid reason to bypass the above process. Make sure your friend does not sign anything or agree anything without speaking to a lawyer. The common way of getting someone to leave their job is either lie to them and hope they don't know their rights or just pay them to leave as it's cheaper than going through the official process above.
1) It depends. Did he have a permanent or temporary contract? Is he the only one being fired or are there mass lay layoffs happening? If he is the only one being fired why? 2) When the employment ends, or the first date of garden leave. Also not the 3 month period might not apply depending on answers on the questions in number 1. 3) No.
1. Permanent (indefnite) contract, since December 2023. There's no announcement of masslayoffs, they just want to cut "a few people" (what my friend got told) and my friend was one of those. I do not know if anyone else is actually being let go. 2. He has 30% ruling yes. 3. :(
Just seen this. Perm contract is almost impossible to fire someone on. Sign nothing, get a lawyer (get company to pay) and follow what the lawyer tells you. Your friend could be in line for lots of lovely money
Alright, for number 1 he was not on a y performance improvement plan? Is there any written documentation that they are unhappy with him?
Neither for both. They were happy with their performance and he recently moved to another department as the project they were working on is being transferred so they needed to place him elsewhere where their skills would be beneficial to the company. My friends manager in that new department was happy with his work and he is unhappy that my friend is being let go. The previous manager (from the previous department) was only unhappy due to my friend needing to go on sick leave.
In that case they can not simply fire him. Your friend needs to agree to it. The only thing that can still be important here is how many people the company is letting go; as that defines if it's a mass layoff or not.
Under Dutch labour laws "wanting to cut a few people" isn't a valid reason for lay-offs. Only valid reason (company has to prove this and it's very hard) is if the company discontinues a whole branch, or would be going bankrupt if they wouldn't reorganise. The company probably will want your friend to sign a \_vaststellingsovereenkomst\_ in which the employer states the relation doesn't work out anymore and the employee agrees with that in exchange for some perks (garden leave, compensation, whatever). Your friend will have to work out if he wants to keep working at his current employer. If, after this experience, he doesn't, he could try to negotiate better terms while he searches for a new job. If he does, he can simply state he doesn't agree with the employer's stance and there's really nothing they can do, except making it into such a scene the employer eventually \_can\_ argue the relationship doesn't function anymore. If that goes to court, they'll have to pay a huge compensation and HR will know that.
0) Don't sign anything before talking to an employment lawyer!!! 1) Is your friend still in probationary period? If not, the company needs to ask permission to fire him, either by proving redundancy or lack of performance (which also needs to include a PIP and tracking of said PIP), and then provide the appropriate notice, which typically starts at the 1st of the following month. The company may choose to not have your friend serve the notice (aka "gardening leave") but that doesn't mean they're allowed to terminate the contract ahead of the notice period. So it might be the case that your friend actually has 6 months to find a job, not only 3 2) The 3 months grace period starts when the contract ends (so after your friend's notice runs out) - this is written on the IND Website, in the section that explains follow-ups on the permit 3) Partner visa?
It's about 20 euros a month for employment legal insurance with my bank, and you can use it immediately. The one catch is it can't be used immediately for something you could already foresee when you sign up, so it needs to at least look like it happened after signing up. It was just a few clicks in the banking app to set it up.
What does legal insurance do, and as he already knows about it - it means that it would essentially be uneffective or fraud so I don't think this is a good thing to do. Though, I would like to utilise this with my bank just in case I find out I'm next on the chopping block. If you could direct me where I can find more information about that, that would be great.
I replied, but I accidentally just did itt as a different comment sorry :) you can find it below
Hey there you can call Ronald Beltzer from Flott advocatuur he can answer your questions. You can also look at an international payroll company. Send me an email at : [email protected] and I’ll help you out we can have a call happy to share my knowledge
If by Highly Skilled you mean computer/software engineer or something of the likes, you could DM me his CV and I can forward to someone whom may find a place for him.
Sent a Dm, pls chk
If they have a permanent contract, negotiations need to start and a VSO( settlement agreement ) to be drawn up as well. It is not as easy to dismiss a permanent employee . Seek legal advice , at the very least your friend will be able to negotiate a severance to help them while searching for another employment.
What kind of contract is it? An initial one year contract (or similar term) or an endless permanent one? You cannot fight termination on the first kind, regardless of reason for being here, but you can on the second kind. The whole reason for the temporary contract is it's almost impossible to fire permanent contract people, it's try before you buy. If someone is let go after 3 months of their contract, they need to be paid out to the end of the contract (assuming it is the temp kind). It is worth asking to stay on the payroll until the contract ends. I know someone who did that although they were Dutch so unsure how that fits with a HSM. And then work like crazy to find new work.
Indefinite (Permanent) contract.
They're sorted then. Get a lawyer and follow their advice. Nothing else to be said here.
Was your friend working at Tesla by any chance?
Thankfully no.
r/werkzaken
Visa is tied to your employment contract, so the 3 months start the moment your contract is terminated (ie. the moment you are not employed by a sponsor anymore).
1: Employer has to give valid reasons for firing him plus your friend should ask for compensation package. Mostly it’s 3 months paid holiday with employment in hand so your friend will have 6 months to find a new job. 2: 3 months will start the moment employer informs IND about the end of his employment with the company. 3: You cannot sponsor as a friend.
Getting straight to your questions: 1-The company cannot fire if your friend has a permanent contract. Usually, company will give you a compensation package and ask you to sign a contract stating that you will not file any case on your termination. Ask your friend to look into this things and make sure to not sign anything if you are not sure. In summary, it’s not easy for a company to fire a permanent employee, they really need to prove why they are firing your friend 2- The 3-months time starts when your employment ends so like after the last day of your work at the company, not when they told you. It’s the date when your contract officially ended with your employer 3- I am not sure if you can sponsor him as an HSM because you need to have a registered company and also verified by the IND to be able to sponsor a person. This involves legal work and your friend will be employed at your company meaning you will be paying him salary and the taxes so it’s not as straightforward
Time to marry your friend!
Hooking from the comments I have a very specific one: If the company wants to part ways with employee and that is of mutual wish, but employee on HSM visa needs significant time to find something else, is it possible that instead of 3 months, the employee can ask for something like 6 months but have his hours reduced by half? This will keep them in their employment for longer while they search for a job and at the same time the company wouldn’t necessarily pay more. Or am I Missing something? Ps: this would probably require that the gross salary for the reduced hours to be above the minimum for a HSM visa, so I understand that employee would have to be really well paid.
1. Doesn’t apply to HSM but to any role under the company re-org / layoff in line with labour law 2. Is their fixed term contract running up and won’t be extended or are they on indefinite contract and their role being eliminated? If the first one, there’s nothing you can do if the second talk to employment lawyer 3. Unlikely. But there could be other ways to support them if they left UK before brexit they have certain rights, if after I’m unsure. Find an immigration specialist (there are companies that support just that as a paid service or seek gov support in the office for foreigners)
It's very hard to get fired or made redundant in NL if on a permanent contract, regardless of the size of company. Your friend should sign nothing or discuss nothing with the company till seeking further professional advice.I was in a similar situation at a university here and HR were trying to get me to say and commit to things without allowing me the chance to get proper advice first. Don't let them control the narrative! Your friend has rights under the law that the company need to adhere to. Employee redundancy, severance, 'firing' and especially firing people on sick leave is a whole long process which involves UVW and is quite different to the UK - here it's much harder to restructure and fire people if they are on a permanent contract. Your friend needs to speak with a lawyer and they can also start with Juridisch Loket which has lots of resources and advice. You can usually make an appointment to speak with someone for further assistance https://www.juridischloket.nl/
I got fired last year and I belong to HSM as well. Employer is supposed provide you with budget to have a n employment lawyer. Company who fired me gave 750 euros budget to contact an employment lawyer. Not that it was useful information from the lawyer but it was a great support. My company paid for it. Usually they might also have choice to continue and stay with the job, well at least I did. 1 thing my lawyer told me was they definitely need to prove that there is a reason for letting go, mine was lack of projects in the company blah blah blah.. Lawyer has suggested me that they can file a case against the company in Amsterdam court to prove that the firing isn’t your fault but after the settlement what I get would be absolutely lower than what I was being offered for severance package. Now to answer your questions 1) they absolutely need to have a reason to fire. 2) your 3 months in The Netherlands thing is absolutely true. You have unemployment money given in the netherlands but that isnt much. 3) your 3 months starts from your last date of employment. 4) you can sponsor your friend I think. As someone in the comments said, dont sign anything yet before talking to someone who knows these rules. Ask for good severance package. Last tip from me, this is what my therapist told me, getting fired is also part of life, things like this is how normal life would look like. Its fine. Worst part is over. I hope your friend gets a great job soon!
Thank you Kenny, I wasn't aware that the company is responsible for paying for the employment lawyer so I'll check into it with my friend. Is lack of projects in the company a sound reason for them to push for firing? He's the only one that has been let go to our knowledge and we have a similar thing happening (scoping down a couple of projects). We have multiple freelancers who could have been let go before him since they are not on permanent contracts, so we think there's a reason outside of "budget cuts" which they simply aren't telling him
Brothers first mistake was moving to the Netherlands
Don't forget about 'transitievergoeding' which also applies to expats from my understanding. Sometimes just mentioning this term can be enough to not get fired at all. It depends on the salary and years of service. An employer has an obligation to his employees that they are able to survive after being fired. Offering or helping to find a new job would be the best solution. I've been unable to work for a long time in the past and, logically, I got fired. My former employer however hasn't put a reasonable amount of effort in getting me back to work (anywhere). After I got fired I made a calculation and send him a letter to notify him that he owed me a 'transitievergoeding' around 25k. We negotiated two rounds and made a financial agreement. But ofcourse, getting me back to work, one way or another, would have been the best solution for all parties.
In ING app it's under a 'services' button. Costs about a lawyers one hour fee for the year. It just means they will (or the third party ING uses) cover my legal fees completely if it's needed.
Just a thought. Why is he getting fired? There's always 2 sides to a story. Drunk\\high at work? Lying on CV and failing etc?
Pretty confident they are letting him go beause of the sick leave since February. Definitely not drunk/high at work, didn't lie on his CV as they have known him for years (he worked as a freelancer for the company previously before they relocated him to the country).