Dismissal Due to Culpable Conduct in Zoetermeer

In cases of seriously culpable conduct or negligence, an employer in Zoetermeer may terminate the employment contract via the sub-district court. This falls under the e-ground of Article 7:669 of the Dutch Civil Code (BW).

What Does Culpable Conduct Mean?

Culpable conduct means that an employee has behaved in such a way that the employer cannot reasonably be expected to continue the employment contract. It concerns intentional improper behaviour.

Examples of Culpable Conduct

• Frequently arriving late despite prior warnings
• Being absent without a valid reason
• Ignoring clear work instructions
• Breaching a confidentiality clause
• Engaging in side activities without approval
• Minor forms of fraud or theft (not severe enough for summary dismissal)
• Inappropriate behaviour towards colleagues or supervisors

Difference with Summary Dismissal

In cases of culpable conduct, the behaviour is serious, but not to the extent that summary dismissal is possible. The employer must then file a request with the sub-district court, for example at the District Court of The Hague, which serves Zoetermeer.

Steps in the Procedure

1. The employer gathers evidence of the culpable conduct
2. The employee receives official warnings
3. A dissolution request is filed with the sub-district court
4. An oral hearing takes place
5. The judge rules on the termination

Obligation to Warn

An employer must warn the employee and give them the opportunity to adjust their behaviour, unless the situation is too serious to expect this.

Transition Payment in Zoetermeer

In standard culpable conduct: entitlement to transition payment.

In cases of severely culpable conduct: no entitlement to transition payment.

Frequently Asked Questions about Dismissal

When is Conduct Considered 'Seriously Culpable'?

Seriously culpable conduct includes matters such as fraud, theft or repeatedly intentional misconduct.

How Can I Prove My Innocence?

You can submit a statement of defence and explain your version of events during the hearing at the sub-district court.

Legal basis: Article 7:669 paragraph 3 sub e Dutch Civil Code (BW)

Frequently Asked Questions about Employment Law in Zoetermeer

What are my rights as an employee in Zoetermeer?

You are entitled to a safe workplace, minimum wage, paid leave, and protection against discrimination or unequal treatment.

Can my employer dismiss me without reason?

No, dismissal often requires approval from the UWV or the sub-district court and must be based on valid grounds. Warnings are usually required.

How much paid leave do I get per year?

You are entitled to at least 20 days of paid leave per year, unless otherwise agreed in your employment contract.

What is a collective labour agreement (cao) and what does it mean for me?

A collective labour agreement (cao) records agreements between employers and trade unions on matters such as salary, working hours and employment conditions.

What happens in case of sick leave?

In case of illness, you must immediately inform your employer. You are entitled to continued payment of wages during the first two years of illness.

Contact and Support in Zoetermeer

For legal advice on dismissal due to culpable conduct, you can contact the Juridisch Loket Zoetermeer. They offer free first-line assistance. For complex matters, you can engage a lawyer via the District Court of The Hague, which handles cases from Zoetermeer.