Termination of employment via the district court

If your employer wishes to terminate your employment he can submit a petition to the district Court. The petition will be dealt with by the district Judge during a court hearing. This court hearing takes place in the courthouse.  Prior to the court hearing you can react in writing to your employer’s petition by submitting a statement of  defence to the district judge. The district judge will first decide whether the employment contract should be dissolved. The employer has to give sufficient reasons for this, such as poor performance or a  reorganisation. In the absence of these reasons the district judge will dismiss the employer’s application. This means that you will not be made unemployed.
If the district Judge deems there to be sufficient grounds for termination of the employment contract, the employment contract will be dissolved. If the employment contract has lasted two years or more you are  entitled in principle to a severance payment (“transitievergoeding”). In addition the district judge can award you additional severance payment if there is a case of seriously culpable conduct or omission on the part of your employer

As an employee you are not compelled to engage an attorney for a case before the district Court. So you are allowed to appear at the hearing independently –  without legal representation. In practice however it is advisable to be represented by an attorney who specialises in termination of employment. After all, this attorney knows all the legal options. So engage an attorney specialised in employment termination law as quickly as possible if your employer has made known that he wishes to end your employment.
Telephone: +31 20 261 2440

You can also contact us by: info@tornlaw.com 


Legal assistance in the event of dismissal or redundancy
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