Dismissal Procedure at the Canton Court in Zoetermeer
In some cases, an employer must go to the canton court to terminate an employment contract, for example, in the case of specific dismissal grounds.
When to Go to the Canton Court?
- Inadequate performance
- Culpable conduct or negligence
- Disrupted working relationship
- Other compelling circumstances
Steps in the Procedure
- Filing the Request: The employer requests dissolution of the contract
- Employee's Response: Written defense by the employee
- Hearing: Both parties explain their position
- Judgment: The judge decides on the case
Duration of the Procedure
From request to judgment, the procedure typically takes 4 to 8 weeks, depending on the complexity.
Possibility of Appeal
Within three months after the judgment, an appeal can be lodged with the court of appeal.
Statutory basis: Article 7:671b Dutch Civil Code
Frequently Asked Questions about Dismissal in Zoetermeer
What are my rights as an employee in the event of dismissal?
You are entitled to a safe workplace, fair pay, vacation days, and protection against unequal treatment or discrimination.
Can an employer dismiss me without reason?
No, dismissal requires a valid reason and often approval from the UWV or the canton court. Prior warnings are usually necessary.
How many vacation days am I entitled to?
At least 20 paid vacation days per year, unless otherwise stipulated in your employment contract.
What is a collective labour agreement (cao) and how does it affect me?
A cao (collective labour agreement) regulates agreements on salary, working hours, and other employment conditions between employers and trade unions.
What if I become ill during a dismissal procedure?
In case of illness, you must immediately inform your employer. You are entitled to continued pay during the first two years of illness.
When must an employer go to the canton court in Zoetermeer?
An employer must go to the canton court for dismissal due to poor performance, culpable conduct, a workplace conflict, or other important reasons. For dismissal on economic grounds, permission from the UWV is often required first.
How does the procedure at the canton court work step by step?
The employer starts with a petition for dissolution. As an employee, you can respond with a statement of defense. Subsequently, a hearing takes place, and the judge issues a judgment, usually within 4-8 weeks after the request.
Can I appeal a decision of the canton court?
Yes, within three months after the judgment, you can lodge an appeal with the court of appeal. It is advisable to seek legal assistance for this process.
Relevant authorities in Zoetermeer: For legal advice, you can go to the Juridisch Loket Zoetermeer. Dismissal cases are handled by the District Court of The Hague, under which Zoetermeer falls.