An opzegverbod is a statutory prohibition that prevents an employer from terminating an employment contract while specific protected circumstances apply. Dutch law recognises both general and specific dismissal bans, set out primarily in Book 7, Article 670 of the Civil Code and related case law.
The most common general bans apply during employee illness for up to 104 weeks, during pregnancy and the postnatal period, during military or alternative service, and during membership of a works council or trade union. Specific bans protect employees from dismissal based on the grounds of their protected status, such as union activity, whistleblowing, or requesting parental leave.
If an employer seeks dismissal through the UWV or the sub-district court while a ban applies, the request will generally be refused unless a statutory exception applies, for example when the entire business is closing. Dismissals made in breach of an opzegverbod are voidable, allowing the employee to reclaim the job or seek substantial compensation.