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

Netherlands - Substantive requirements for dismissals


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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".