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

Netherlands - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • On compensation, see Art. 7:681 to 7:683 CC.
    In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, Art. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages
    An employee who has terminated an employment contract due to an “urgent cause”(see above) provoked by the employer may also be entitled to a compensation, Art. 7:677 CC.

Reinstatement available: Yes

Remarks:
  • Art. 7:681 to 7:683 CC.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • On compensation, see sec. 7:681 to 7:683 CC.
    In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, sec. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages
    An employee who has terminated an employment contract due to an “urgent cause”(see above) provoked by the employer may also be entitled to a compensation, sec. 7:677 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:681 to 7:683 CC.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • On compensation, see sec. 7:681 to 7:683 CC.
    In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, sec. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages
    An employee who has terminated an employment contract due to an “urgent cause”(see above) provoked by the employer may also be entitled to a compensation, sec. 7:677 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:681 to 7:683 CC.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • On compensation, see sec. 7:681 to 7:683 CC.
    In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, sec. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages
    An employee who has terminated an employment contract due to an “urgent cause”(see above) provoked by the employer may also be entitled to a compensation, sec. 7:677 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:681 to 7:683 CC.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • On compensation, see sec. 7:681 to 7:683 CC.
    In case of an unfair termination of a fixed term contract, a fixed compensation, equal to the amount of pay, the employee would have received if the contract would have been terminated in a regular way, can be requested, sec. 7:677 (4) CC. However, the court can decide to lower this sum with regards to the principle of reasonableness and fairness, but must at least grant 3 monthly wages
    An employee who has terminated an employment contract due to an “urgent cause”(see above) provoked by the employer may also be entitled to a compensation, sec. 7:677 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:681 to 7:683 CC.

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • However, parties can opt for fixed compensation (sec. 7:677(4) CC).
    On compensation, see sec. 7:677, 7:680 to 7:682 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:682 (1) &(2) CC

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • However, parties can opt for fixed compensation (sec. 7:677(4) CC).
    On compensation, see sec. 7:677, 7:680 to 7:682 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:682 (1) &(2) CC

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • However, parties can opt for fixed compensation (sec. 7:677(4) CC).
    On compensation, see sec. 7:677, 7:680 to 7:682 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:682 (1) &(2) CC

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • However, parties can opt for fixed compensation (sec. 7:677(4) CC).
    On compensation, see sec. 7:677, 7:680 to 7:682 CC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • On compensation, see sec. 7:677, 7:680-7:682 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:682 (1) &(2) CC

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • However, parties can opt for fixed compensation (sec. 7:677(4) CC).
    On compensation, see sec. 7:677, 7:680 to 7:682 CC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • On compensation, see sec. 7:677, 7:680-7:682 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:682 (1) &(2) CC

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.

+ show references

Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • However, parties can opt for fixed compensation (sec. 7:677(4) CC).
    On compensation, see sec. 7:677, 7:680 to 7:682 CC.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • On compensation, see sec. 7:677, 7:680-7:682 CC.

Reinstatement available: Yes

Remarks:
  • Sec. 7:682 (1) &(2) CC

Preliminary mandatory conciliation: No

Remarks:
  • No statutory provision in the legislation reviewed.

Competent court(s) / tribunal(s): ordinary courts

Remarks:
  • No specialised court, ordinary courts have jurisdiction over labour disputes.

Existing arbitration: No

Remarks:
  • No statutory provision in the legislation reviewed.