Resolution of Labor Disputes in the Netherlands for Ukrainians
Ukrainians working in the Netherlands under temporary protection or a regular permit face the same conflicts as local employees. Resolution of employment disputes in the Netherlands most often takes place through an application to the kantonrechter — a subdistrict court judge who hears cases concerning dismissal, wage arrears, and other conflicts between employer and employee.
International Law Firm "Zahist" has a presence in the Netherlands and supports Ukrainians in the Netherlands in employment disputes — from negotiations with the employer through to filing an application with the court. Our experience shows that Ukrainian employees who document all violations immediately and understand the specifics of their status obtain compensation significantly faster than those who seek help only after dismissal without evidence.
Which court to apply to in a conflict with an employer
Employment disputes in the Netherlands are heard by the kantonrechter — a judge who sits alone in cases concerning employment relationships, residential tenancy, and monetary claims up to EUR 25,000.
Previously, the kantongerecht was a separate judicial body, but such cases are now heard within the ordinary district courts, while the traditional title of the judge has been retained.
Specifics of employment rights of Ukrainians under temporary protection
Ukrainians who hold temporary protection status have the right to work in the Netherlands without a separate work permit (tewerkstellingsvergunning) — this exemption has applied since April 2022.
The employer is only obliged to notify the UWV of the employment of a Ukrainian at least two working days before the actual start of work.
Some conflicts arise because the employer is unaware of this rule: the employer demands unnecessary documents or postpones employment, citing the absence of a permit that the law does not require.
For lawful work, an employment contract, a BSN number, a valid passport, and confirmation of registration from the IND are sufficient — our experience shows that Ukrainians who have these documents with them in advance less often face delays in formalities.
Ways to resolve a dispute without going to court
Before filing an application with the court, it is worth considering alternative methods that may save time and costs for both parties to the conflict.
- Mediation — an independent intermediary helps the parties find a compromise solution; it remains available even after a claim has been filed.
- Regelrechter — a judge who, together with the employer and the employee, seeks a solution for conflicts up to EUR 5,000 in certain districts.
- Direct negotiations with the employer with the involvement of a lawyer before a formal application to the court.
If these methods do not produce a result, the next step is a formal application to the kantonrechter with a specific claim.
Dismissal via the UWV: when the employer applies for a permit
If the reason for dismissal is the company’s economic circumstances or long-term incapacity for work lasting more than two years, the employer files an application for a dismissal permit with the UWV.
The UWV procedure is conducted in writing, without a hearing, and usually takes from four to six weeks until a decision is issued.
Dismissal via the kantonrechter: termination of the employment contract
If the reason for dismissal is different — inadequate performance of duties, culpable conduct, or a breakdown in the relationship with the employer — the matter is heard by the kantonrechter on an application for termination of the contract.
The application is taken up for consideration within five weeks of receipt, after which a hearing is scheduled with both parties present.
| Criterion | Dismissal via the UWV | Dismissal via the kantonrechter |
| Grounds | economic reasons, long-term illness | inadequate performance, conflict, culpable conduct |
| Format of proceedings | written, without a hearing | hearing with the parties present |
| Indicative timeframe | 4–6 weeks | 5 weeks until a hearing is scheduled |
| Challenge of the decision | to the kantonrechter within 2 months | appeal to a higher court |
Disagreement with a UWV decision: the right to apply to the kantonrechter
If the UWV has granted the employer a dismissal permit and the employee disagrees, the employee has two months after the end of the employment contract to apply to the kantonrechter.
In the application, the employee may seek either reinstatement of the employment contract or fair compensation (billijke vergoeding) for what the employee considers an unlawful dismissal.
Summary dismissal (ontslag op staande voet): procedure for challenge
In the case of summary dismissal, the employer terminates the contract immediately, without court involvement; however, the requirements for such a decision are very strict.
The employer is obliged to state the specific ground for dismissal at once, and the situation must be so serious that continuation of the working relationship becomes impossible.
If the employee does not agree with such a dismissal, the employee has two calendar months to apply to the kantonrechter to have the dismissal declared void or to claim compensation.
Recovery of wage arrears (loonvordering)
If the employer fails to pay wages on time or in full, the employee may file a claim for recovery of arrears with the kantonrechter.
Because wage issues are often urgent, the accelerated kort geding procedure may be used, which yields a provisional court decision before the full hearing of the case.
If the conflict is complex or requires additional evidence or witness testimony, the case is heard in the ordinary bodemprocedure, which takes longer but results in a final decision.
Statutory surcharge and interest on overdue wage payments
In addition to the principal amount of the debt, the employee is entitled to claim the statutory surcharge (wettelijke verhoging) and statutory interest (wettelijke rente) for late payment.
| Type of compensation | Particulars |
| Statutory surcharge (wettelijke verhoging) | up to 50% of the debt amount, accrues from the 4th working day of delay; the court may reduce it |
| Statutory interest (wettelijke rente) | accrues from the date on which the wages should have been paid; the court may not reduce it |
The surcharge is not recovered if the delay arose from causes beyond the employer’s control, for example proven financial insolvency of the company.
What is included in wages when calculating the debt
The concept of wages in an employment dispute is broader than the basic hourly or monthly rate and includes several additional components.
- Holiday allowance (vakantietoeslag), which is accrued in addition to basic pay.
- Bonuses and gratuities provided for in the employment contract or collective agreement.
- Pay for overtime work.
- A share of company profit and a thirteenth month’s salary, if provided for in the terms of employment.
In any event, the employee is entitled at least to the minimum wage for work performed, and the employer is obliged to provide a payslip.
Payment of wages during illness or suspension
Even if the employee was unable to perform work for reasons beyond the employee’s control, for example due to illness, the employer is in most cases obliged to continue paying wages.
If the employer has suspended the employee from work (non-actiefstelling) and completely stopped payments, the employee may simultaneously claim the arrears and reinstatement to the post through the kantonrechter.
Our experience shows that documentary confirmation of suspension or illness significantly simplifies proving the right to continued payments in court.
Limitation period for a wage arrears claim
Payment of unpaid wages may be claimed within five years from the date on which the employer was due to pay them.
The letter should clearly state the specific period and the amount of arrears being claimed; otherwise the letter may have no legal effect in extending the period.
Sending a registered letter with a clear demand regarding a specific period and amount extends this limitation period, so claims should be documented in writing.
Typical mistakes in resolving employment disputes
The most common mistake is oral arrangements with the employer without written confirmation, which are then difficult to prove in court.
Another widespread problem is seeking advice too late, when the time limits for challenging a dismissal or recovering a debt have almost expired.
Our experience shows that employees who keep payslips, correspondence, and their employment contract prepare significantly stronger cases than those who rely solely on oral testimony.
Expert view: how to prepare for an employment dispute
An analysis of our cases shows that claims with clear documentary support—a contract, payslips, correspondence—are considered significantly faster than cases with incomplete evidence.
Another important factor is timeliness: the deadlines for challenging a dismissal or recovering a debt are strict, and missing even a few days may deprive you of the right to protection.
We recommend seeking advice immediately after a conflict arises, rather than after a complete breakdown of relations with the employer, when some of the evidence may already have been lost.
Compensation upon dismissal (transitievergoeding)
If the employment contract is terminated at the employer’s initiative, the employee is generally entitled to transitional compensation (transitievergoeding), the amount of which depends on length of service.
In 2026, the maximum amount of this compensation is EUR 102,000 gross, and for employees with higher pay—one year’s salary.
The right to compensation applies regardless of whether the dismissal took place through the UWV or through the kantonrechter procedure, provided that the initiative did not come from the employee themselves.
Cost of applying to the kantonrechter
Filing a case with the kantonrechter requires payment of a court fee, the amount of which for employment disputes involving individuals and small businesses is several hundred euros.
The exact amount depends on the sum claimed and the applicant’s status, so the current tariff should be checked immediately before filing the application.
Our experience shows that employees with limited income should check in advance whether subsidised legal aid is available, which can substantially reduce the cost of legal representation.
International Law Firm "Zahist" has a presence in the Netherlands and supports clients at every stage of an employment dispute—from negotiations to proceedings before the kantonrechter.
An individual consultation helps accurately assess the prospects of the case and plan the resolution of employment disputes in the Netherlands in light of the specific circumstances and applicable deadlines.
Every conflict has its own specifics—documents, witnesses, deadlines—so a detailed analysis of the situation together with a specialist remains the most reliable way to protect your rights.
The earlier an employee documents violations and seeks advice, the more lawful instruments remain available to protect their interests.
