As per 1 July 2015 the second tranche of the Work and Security Act (Wet Werk en Zekerheid) entered into effect, including significant changes of the law of dismissal. Before 1 July 2015, it was common practice to file a request for conditional termination after instant dismissal of an employee. In this way, the employer could try to limit the salary costs in the event that instant dismissal appeared legally invalid. In the literature, the opinions differ whether filing a request for conditional termination is still allowed as per 1 July 2015. The latest case law on this subject shows that the majority of the judges ruled that filing a request for conditional termination is still allowed after 1 July 2015. However, a few judges ruled that the employer has insufficient interest by filing such a request, due to the changes in the law of dismissal. The Court of Appeal is expected to rule on this subject in 2016.
Netherlands