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

Netherlands - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Netherlands - 2019    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

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

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers performing military/alternative service

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".