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> GOVERNANCE - home > Employment protection legislation database - EPLex > Netherlands

Netherlands - Substantive requirements for dismissals


+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:676 (2), 7:671a (6) CC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, t4 categories of dismissal are established:
    1) Termination via a prior permit from the Employment Insurance Agency UWV WERKbedrijf (former CWI) or a tripartite committee established by collective agreement. (for economic redundancy reasons or based on long term invalidity/sickness of an employee)
    2) Judicial rescission of the contract for other “reasonable grounds”, related to the employee’s conduct or capacity.
    3) Termination for “urgent causes”.
    4) Termination by mutual consent.

    1) Dismissal via prior authorization from the UWV WERKbedrijf, sec. 7:671a (1) CC: the UWV will grant the permit if it considers the dismissal to be based on one of the “reasonable grounds” listed in sec. 7:669 (3) (a) or (b) CC, i.e. a special economic condition of the enterprise, which requires the termination of employees, based on a prognosis of the economic development of the enterprise for at least the next 26 weeks; or a repeated or ongoing absence of an employee from work due to a sickness (which must last for at least 2 years, with breaks of at most one month at a time, see sec. 7:670 1) a) CC).
    Next to the UWV, the decision on the authorization of collective dismissals based on economic reasons can also be referred to a special committee, which has been established by a tripartite collective agreement, between the employer and worker representatives, approved by the competent administrative authority, sec. 7:671a (2) CC.
    Furthermore, the DR lists several special circumstances under which an economic dismissal cannot be considered reasonable, see sec. 2 to 8 DR, e.g. if the employer outsources the work of the dismissed employees to external contractors, self-employed persons or person employed under FTCs.
    A refusal to grant authorization for the termination by both the UWV or the tripartite committee can be appealed to the district court (Cantonal Court), sec. 7:671b (1) (b) CC.

    2) Judicial rescission: " The employer can request the validation of a termination of an employee at the district court (Cantonal court) based on any of the “reasonable grounds” listed in sec. 7:669 (3) (c) – (h) CC (see sec. 7:671b (1) (a)). These are the worker's inability to perform his or her job, in case the employer has given the employee the opportunity to improve his or her work capacity; a serious refusal to follow instructions of the employer; any other serious misconduct of the employee OR any other comparable circumstances.(More detailed regulations on the determination if a specific ground based on which an employee was terminated was “reasonable” are contained in art. 2-8 of the DR)

    3) The employer can at any time declare a summary dismissal. For a summary dismissal, important reasons are required. Such important reasons are those circumstances that warrant a termination of the employment with immediate effect for an "urgent cause”, sec. 7:677 CC. A non-exhaustive list of acts which amount to urgent cause is provided in sec. 7:678 CC. Such acts relate to the worker's conduct, i.e. acts of fraud or other grave misconduct.

    4) A termination of an employee based on his or her written consent is always possible, however the employee is granted the right to withdraw any given consent within 14 days, sec. 7:670a (2) and (5), 7:671 (2) CC.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2015): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC) or unless the employee has refused to comply with reasonable instructions from a doctor or the employer or refused to perform suitable alternative work (sec. 7:670a CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her/his maternity leave or paternity leave or the six weeks following the end of that period (sec.7:670 (2) CC) or when the employee is taking adoption leave (sec. 7:670 (7) CC).;
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee must, based on the nature of the dismissal (economic or due to the worker’s conduct or capacity), either refer to:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf (in case of economic dismissals or dismissals due to long-time sicknesses), or
2) judicial rescission of the contract (in case of the other types of dismissals).
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:676 (2), 7:671a (6) CC.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, t4 categories of dismissal are established:
    1) Termination via a prior permit from the Employment Insurance Agency UWV WERKbedrijf (former CWI) or a tripartite committee established by collective agreement. (for economic redundancy reasons or based on long term invalidity/sickness of an employee)
    2) Judicial rescission of the contract for other “reasonable grounds”, related to the employee’s conduct or capacity.
    3) Termination for “urgent causes”.
    4) Termination by mutual consent.

    1) Dismissal via prior authorization from the UWV WERKbedrijf, sec. 7:671a (1) CC: the UWV will grant the permit if it considers the dismissal to be based on one of the “reasonable grounds” listed in sec. 7:669 (3) (a) or (b) CC, i.e. a special economic condition of the enterprise, which requires the termination of employees, based on a prognosis of the economic development of the enterprise for at least the next 26 weeks; or a repeated or ongoing absence of an employee from work due to a sickness (which must last for at least 2 years, with breaks of at most one month at a time, see sec. 7:670 1) a) CC).
    Next to the UWV, the decision on the authorization of collective dismissals based on economic reasons can also be referred to a special committee, which has been established by a tripartite collective agreement, between the employer and worker representatives, approved by the competent administrative authority, sec. 7:671a (2) CC.
    Furthermore, the DR lists several special circumstances under which an economic dismissal cannot be considered reasonable, see sec. 2 to 8 DR, e.g. if the employer outsources the work of the dismissed employees to external contractors, self-employed persons or person employed under FTCs.
    A refusal to grant authorization for the termination by both the UWV or the tripartite committee can be appealed to the district court (Cantonal Court), sec. 7:671b (1) (b) CC.

    2) Judicial rescission: " The employer can request the validation of a termination of an employee at the district court (Cantonal court) based on any of the “reasonable grounds” listed in sec. 7:669 (3) (c) – (h) CC (see sec. 7:671b (1) (a)). These are the worker's inability to perform his or her job, in case the employer has given the employee the opportunity to improve his or her work capacity; a serious refusal to follow instructions of the employer; any other serious misconduct of the employee OR any other comparable circumstances.(More detailed regulations on the determination if a specific ground based on which an employee was terminated was “reasonable” are contained in art. 2-8 of the DR)

    3) The employer can at any time declare a summary dismissal. For a summary dismissal, important reasons are required. Such important reasons are those circumstances that warrant a termination of the employment with immediate effect for an "urgent cause”, sec. 7:677 CC. A non-exhaustive list of acts which amount to urgent cause is provided in sec. 7:678 CC. Such acts relate to the worker's conduct, i.e. acts of fraud or other grave misconduct.

    4) A termination of an employee based on his or her written consent is always possible, however the employee is granted the right to withdraw any given consent within 14 days, sec. 7:670a (2) and (5), 7:671 (2) CC.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2015): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC) or unless the employee has refused to comply with reasonable instructions from a doctor or the employer or refused to perform suitable alternative work (sec. 7:670a CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her/his maternity leave or paternity leave or the six weeks following the end of that period (sec.7:670 (2) CC) or when the employee is taking adoption leave (sec. 7:670 (7) CC).;
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee must, based on the nature of the dismissal (economic or due to the worker’s conduct or capacity), either refer to:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf (in case of economic dismissals or dismissals due to long-time sicknesses), or
2) judicial rescission of the contract (in case of the other types of dismissals).
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:676 (2), 7:671a (6) CC.


Valid grounds (justified dismissal): any fair reasons
NOTE: This information has changed since the previous period covered.
Remarks:
  • Under Dutch law, t4 categories of dismissal are established:
    1) Termination via a prior permit from the Employment Insurance Agency UWV WERKbedrijf (former CWI) or a tripartite committee established by collective agreement. (for economic redundancy reasons or based on long term invalidity/sickness of an employee)
    2) Judicial rescission of the contract for other “reasonable grounds”, related to the employee’s conduct or capacity.
    3) Termination for “urgent causes”.
    4) Termination by mutual consent.

    1) Dismissal via prior authorization from the UWV WERKbedrijf, sec. 7:671a (1) CC: the UWV will grant the permit if it considers the dismissal to be based on one of the “reasonable grounds” listed in sec. 7:669 (3) (a) or (b) CC, i.e. a special economic condition of the enterprise, which requires the termination of employees, based on a prognosis of the economic development of the enterprise for at least the next 26 weeks; or a repeated or ongoing absence of an employee from work due to a sickness (which must last for at least 2 years, with breaks of at most one month at a time, see sec. 7:670 1) a) CC).
    Next to the UWV, the decision on the authorization of collective dismissals based on economic reasons can also be referred to a special committee, which has been established by a tripartite collective agreement, between the employer and worker representatives, approved by the competent administrative authority, sec. 7:671a (2) CC.
    Furthermore, the DR lists several special circumstances under which an economic dismissal cannot be considered reasonable, see sec. 2 to 8 DR, e.g. if the employer outsources the work of the dismissed employees to external contractors, self-employed persons or person employed under FTCs.
    A refusal to grant authorization for the termination by both the UWV or the tripartite committee can be appealed to the district court (Cantonal Court), sec. 7:671b (1) (b) CC.

    2) Judicial rescission: " The employer can request the validation of a termination of an employee at the district court (Cantonal court) based on any of the “reasonable grounds” listed in sec. 7:669 (3) (c) – (h) CC (see sec. 7:671b (1) (a)). These are the worker's inability to perform his or her job, in case the employer has given the employee the opportunity to improve his or her work capacity; a serious refusal to follow instructions of the employer; any other serious misconduct of the employee OR any other comparable circumstances.(More detailed regulations on the determination if a specific ground based on which an employee was terminated was “reasonable” are contained in art. 2-8 of the DR)

    3) The employer can at any time declare a summary dismissal. For a summary dismissal, important reasons are required. Such important reasons are those circumstances that warrant a termination of the employment with immediate effect for an "urgent cause”, sec. 7:677 CC. A non-exhaustive list of acts which amount to urgent cause is provided in sec. 7:678 CC. Such acts relate to the worker's conduct, i.e. acts of fraud or other grave misconduct.

    4) A termination of an employee based on his or her written consent is always possible, however the employee is granted the right to withdraw any given consent within 14 days, sec. 7:670a (2) and (5), 7:671 (2) CC.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2015): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC) or unless the employee has refused to comply with reasonable instructions from a doctor or the employer or refused to perform suitable alternative work (sec. 7:670a CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her/his maternity leave or paternity leave or the six weeks following the end of that period (sec.7:670 (2) CC) or when the employee is taking adoption leave (sec. 7:670 (7) CC).;
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC); the ban on terminating Works Council members and/or candidates is however not applicable in case of collective dismissals based on economic grounds, if it can be expected that the employee will lose the position granting him or her the termination protection within 4 weeks, sec. 7:671a (11), 7:670a (3) (c) CC, or, in case of a termination based on the worker’s conduct or capabilities, if the termination visibly does not relate to the employee’s position in the Works Council or is in his or her interest, sec. 7:671b (6) CC.;
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval, sec. 7:670(10) CC. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee must, based on the nature of the dismissal (economic or due to the worker’s conduct or capacity), either refer to:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf (in case of economic dismissals or dismissals due to long-time sicknesses), or
2) judicial rescission of the contract (in case of the other types of dismissals).
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:669 CC : the party who terminates the contract must provide the other party, at his request, with a written statement with reasons for termination.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, three categories of dismissal are established:
    1) Termination via a prior permit from the administrative authority UWV WERKbedrijf (former CWI).
    2) Judicial rescission of the contract for "important reasons".
    3) Summary dismissal (in addition to termination by mutual consent)

    1) Dismissal via prior authorization from an administrative authority (UWV WERKbedrijf) (sec. 6 ELRD):
    the administrative authority will grant the permit if it considers the dismissal to be fair
    . Valid grounds for dismissal via prior authorization are provided in the Dismissal Decree: redundancy (sec. 4:1 DD), incompetence (sec. 5:1 (1) DD), grounds of conscience (sec. 5:1 (2) DD), misconduct (sec. 5:1 (3) DD), a disturbed employment relationship (sec. 5:1 (4) DD) or the disability to work (sec. 5:2 DD).

    2) Judicial rescission: "important reasons" are required. Important reasons are: 1) those circumstances that would have warranted a termination of his employment with immediate effect for an "urgent cause" or 2) change of circumstances of such a nature that the contract should in all fairness be terminated instantly or on short notice (sec. 7:685 (2) CC).

    3) Summary dismissal: "urgent cause": sec. 7:677 CC. (A non-exhaustive list of acts that amount to urgent cause is provided in sec. 7:678 CC. Such acts relates to the worker's conduct.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2014): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee can choose between:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf,
2) judicial rescission of the contract
.
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:669 CC : the party who terminates the contract must provide the other party, at his request, with a written statement with reasons for termination.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, three categories of dismissal are established:
    1) Termination via a prior permit from the administrative authority UWV WERKbedrijf (former CWI).
    2) Judicial rescission of the contract for "important reasons".
    3) Summary dismissal (in addition to termination by mutual consent)

    1) Dismissal via prior authorization from an administrative authority (UWV WERKbedrijf) (sec. 6 ELRD):
    the administrative authority will grant the permit if it considers the dismissal to be fair
    . Valid grounds for dismissal via prior authorization are provided in the Dismissal Decree: redundancy (sec. 4:1 DD), incompetence (sec. 5:1 (1) DD), grounds of conscience (sec. 5:1 (2) DD), misconduct (sec. 5:1 (3) DD), a disturbed employment relationship (sec. 5:1 (4) DD) or the disability to work (sec. 5:2 DD).

    2) Judicial rescission: "important reasons" are required. Important reasons are: 1) those circumstances that would have warranted a termination of his employment with immediate effect for an "urgent cause" or 2) change of circumstances of such a nature that the contract should in all fairness be terminated instantly or on short notice (sec. 7:685 (2) CC).

    3) Summary dismissal: "urgent cause": sec. 7:677 CC. (A non-exhaustive list of acts that amount to urgent cause is provided in sec. 7:678 CC. Such acts relates to the worker's conduct.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2012): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee can choose between:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf,
2) judicial rescission of the contract
.
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:669 CC : the party who terminates the contract must provide the other party, at his request, with a written statement with reasons for termination.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, three categories of dismissal are established:
    1) Termination via a prior permit from the administrative authority UWV WERKbedrijf (former CWI).
    2) Judicial rescission of the contract for "important reasons".
    3) Summary dismissal (in addition to termination by mutual consent)

    1) Dismissal via prior authorization from an administrative authority (UWV WERKbedrijf) (sec. 6 ELRD):
    the administrative authority will grant the permit if it considers the dismissal to be fair
    . Valid grounds for dismissal via prior authorization are provided in the Dismissal Decree: redundancy (sec. 4:1 DD), incompetence (sec. 5:1 (1) DD), grounds of conscience (sec. 5:1 (2) DD), misconduct (sec. 5:1 (3) DD), a disturbed employment relationship (sec. 5:1 (4) DD) or the disability to work (sec. 5:2 DD).

    2) Judicial rescission: "important reasons" are required. Important reasons are: 1) those circumstances that would have warranted a termination of his employment with immediate effect for an "urgent cause" or 2) change of circumstances of such a nature that the contract should in all fairness be terminated instantly or on short notice (sec. 7:685 (2) CC).

    3) Summary dismissal: "urgent cause": sec. 7:677 CC. (A non-exhaustive list of acts that amount to urgent cause is provided in sec. 7:678 CC. Such acts relates to the worker's conduct.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2004): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee can choose between:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf,
2) judicial rescission of the contract
.
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:669 CC : the party who terminates the contract must provide the other party, at his request, with a written statement with reasons for termination.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, three categories of dismissal are established:
    1) Termination via a prior permit from the administrative authority UWV WERKbedrijf (former CWI).
    2) Judicial rescission of the contract for "important reasons".
    3) Summary dismissal (in addition to termination by mutual consent)

    1) Dismissal via prior authorization from an administrative authority (UWV WERKbedrijf) (sec. 6 ELRD):
    the administrative authority will grant the permit if it considers the dismissal to be fair
    . Valid grounds for dismissal via prior authorization are provided in the Dismissal Decree: redundancy (sec. 4:1 DD), incompetence (sec. 5:1 (1) DD), grounds of conscience (sec. 5:1 (2) DD), misconduct (sec. 5:1 (3) DD), a disturbed employment relationship (sec. 5:1 (4) DD) or the disability to work (sec. 5:2 DD).

    2) Judicial rescission: "important reasons" are required. Important reasons are: 1) those circumstances that would have warranted a termination of his employment with immediate effect for an "urgent cause" or 2) change of circumstances of such a nature that the contract should in all fairness be terminated instantly or on short notice (sec. 7:685 (2) CC).

    3) Summary dismissal: "urgent cause": sec. 7:677 CC. (A non-exhaustive list of acts that amount to urgent cause is provided in sec. 7:678 CC. Such acts relates to the worker's conduct.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2004): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee can choose between:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf,
2) judicial rescission of the contract
.
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:669 CC : the party who terminates the contract must provide the other party, at his request, with a written statement with reasons for termination.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, three categories of dismissal are established:
    1) Termination via a prior permit from the administrative authority UWV WERKbedrijf (former CWI).
    2) Judicial rescission of the contract for "important reasons".
    3) Summary dismissal (in addition to termination by mutual consent)

    1) Dismissal via prior authorization from an administrative authority (UWV WERKbedrijf) (sec. 6 ELRD):
    the administrative authority will grant the permit if it considers the dismissal to be fair
    . Valid grounds for dismissal via prior authorization are provided in the Dismissal Decree: redundancy (sec. 4:1 DD), incompetence (sec. 5:1 (1) DD), grounds of conscience (sec. 5:1 (2) DD), misconduct (sec. 5:1 (3) DD), a disturbed employment relationship (sec. 5:1 (4) DD) or the disability to work (sec. 5:2 DD).

    2) Judicial rescission: "important reasons" are required. Important reasons are: 1) those circumstances that would have warranted a termination of his employment with immediate effect for an "urgent cause" or 2) change of circumstances of such a nature that the contract should in all fairness be terminated instantly or on short notice (sec. 7:685 (2) CC).

    3) Summary dismissal: "urgent cause": sec. 7:677 CC. (A non-exhaustive list of acts that amount to urgent cause is provided in sec. 7:678 CC. Such acts relates to the worker's conduct.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2004): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee can choose between:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf,
2) judicial rescission of the contract
.
In addition, summary dismissal is permitted provided there is an "urgent cause".

+ show references

Obligation to provide reasons to the employee: Yes
Remarks:
  • Sec. 7:669 CC : the party who terminates the contract must provide the other party, at his request, with a written statement with reasons for termination.


Valid grounds (justified dismissal): any fair reasons
Remarks:
  • Under Dutch law, three categories of dismissal are established:
    1) Termination via a prior permit from the administrative authority UWV WERKbedrijf (former CWI).
    2) Judicial rescission of the contract for "important reasons".
    3) Summary dismissal (in addition to termination by mutual consent)

    1) Dismissal via prior authorization from an administrative authority (UWV WERKbedrijf) (sec. 6 ELRD):
    the administrative authority will grant the permit if it considers the dismissal to be fair
    . Valid grounds for dismissal via prior authorization are provided in the Dismissal Decree: redundancy (sec. 4:1 DD), incompetence (sec. 5:1 (1) DD), grounds of conscience (sec. 5:1 (2) DD), misconduct (sec. 5:1 (3) DD), a disturbed employment relationship (sec. 5:1 (4) DD) or the disability to work (sec. 5:2 DD).

    2) Judicial rescission: "important reasons" are required. Important reasons are: 1) those circumstances that would have warranted a termination of his employment with immediate effect for an "urgent cause" or 2) change of circumstances of such a nature that the contract should in all fairness be terminated instantly or on short notice (sec. 7:685 (2) CC).

    3) Summary dismissal: "urgent cause": sec. 7:677 CC. (A non-exhaustive list of acts that amount to urgent cause is provided in sec. 7:678 CC. Such acts relates to the worker's conduct.


Prohibited grounds: marital status; pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; sex; sexual orientation; religion; political opinion; nationality/national origin; age; trade union membership and activities; disabilities; performing military or civil service; whistle blowing
Remarks:
  • Race, sex; religion (..) are not listed as prohibited grounds for dismissal as such, but as invalid grounds for discrimination with regards to termination of employment:
    - Equal Treatment Act (1994, as amended in 2004): sec. 1 and 5 1) f;
    - Equal Treatment (Disability and chronic illness) Act (2003), sec. 1 and 4 b).
    - Sec. 7:646 CC on sexual discrimination with respect to employment (incl. pregnancy, maternity, childbirth);
    - Equal Treatment in Employment (Age Discrimination) Act (2003): sec. 3 c)

    In addition, an employer is prohibited to give notice:

    1) when the employee is unable to perform his/her work due to ill-health, unless the incapacity has lasted for at least two years (sec. 7:670 (1) CC);
    2) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    3) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    4) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    5) because the employee has filed a claim, whether or not brought to court, for sex discrimination, for unequal treatment based on working-hours or employment contract (fixed-term or permanent) (sec. 7:646, 647, 648, 649 CC);
    6) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service
Remarks:
  • An employer is prohibited from giving notice:
    1) when an employee who is fit to perform the agreed work is pregnant, during her maternity leave or the six weeks following the end of that period (sec.7:670 (2) CC);
    2) when an employee is doing military service or performing alternative service (sec. 670 (3) CC);
    3) to a member of a works council or any of its committees (sec. 7:670 (4) CC);
    4) to an employee who had been a member of a works council or any of its committees less than two years prior to the notice, or is eligible for election to the works council, unless with prior judicial approval. The latter will only be given when the employer can make a convincing case that the reason for termination is not related to the employee's duties for the works council.


Notes / Remarks
Under Dutch law, an employer who intends to dismiss an employee can choose between:
1) termination via a prior permit from the administrative authority UWV WERKbedrijf,
2) judicial rescission of the contract
.
In addition, summary dismissal is permitted provided there is an "urgent cause".