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Dissolution Request Canton Court The Hague: Procedure and Conditions

Discover the procedure for a dissolution request at the canton court in The Hague: grounds, steps and local contacts such as the District Court of The Hague and the Legal Aid Office.

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Dissolution Request Canton Court The Hague: Complete Guide for Employers and Employees

A dissolution request at the canton court in The Hague is a legal step to terminate an employment contract via the court. This alternative to summary dismissal or settlement agreement is relevant for employers and employees in the The Hague region. Here you will read everything about the procedure, conditions and local handling at the District Court of The Hague.

What Does a Dissolution Request at the Canton Court in The Hague Mean?

This is an official request to the canton judge to dissolve the employment contract. Both employer and employee can file this. The canton judge tests for reasonable grounds and may determine compensation. The regulation is set out in Article 7:671b Dutch Civil Code (BW) and is ideal when other routes fail.

Statutory Basis: Article 7:671b BW

Article 7:671b BW provides that the canton judge dissolves the agreement on a reasonable ground. The dismissal grounds are:

Reasonable Dissolution Grounds

  1. Business economic (a-ground): Jobs falling away due to economic reasons
  2. Long-term illness (b-ground): More than 104 weeks ill without prospect of recovery
  3. Underperformance (c-ground): Insufficient performance despite support
  4. Blameworthy conduct (d-ground): Seriously blameworthy conduct by employee or employer
  5. Disrupted relationship (e-ground): Irreparably disrupted working relationship
  6. Refusal of reintegration (f-ground): No cooperation in reintegration
  7. Other reasons (g-ground): Other compelling circumstances
  8. Mixed grounds (h-ground): Combination of the above factors

When to File a Dissolution Request in The Hague?

For Employers

  • In case of persistent underperformance after coaching and warnings
  • Irreparable conflicts in the workplace
  • Restructurings with loss of position
  • Conduct that is too mild for summary dismissal
  • Failed negotiations on a settlement agreement

For Employees

  • Non-compliance with obligations by employer
  • Toxic work environment
  • Blameworthy employer conduct
  • No prospect of better circumstances

Procedure Step by Step at District Court of The Hague

Step 1: UWV Permission or Direct Canton Court

After the Work and Security Act (WWZ), UWV permission is required for a, b, c, f and g-grounds. For d- and e-ground, go directly to the canton court in The Hague.

Step 2: Filing the Petition

File at the District Court of The Hague, Prins Clauslaan 60, 2595 AH The Hague. Include:

  • Details of the parties
  • Dismissal ground(s)
  • Detailed motivation with evidence
  • Primary (dissolution) and subsidiary requests
  • Request for compensation

Step 3: Court Fee and Comparison

Pay the court fee; the registry sends a copy to the other party and sets a hearing date, often within 4-6 weeks.

Step 4: Response of the Other Party

The defendant responds in writing before the hearing.

Step 5: Hearing

Both parties plead; the judge may mediate. Bring an employment law attorney. Legal Aid Office The Hague, Lutherse Burgwal 10, 2512 HR The Hague offers free advice.

Step 6: Judgment

Within 2-4 weeks, the ruling follows with:

  • Granting/rejection
  • End date of employment contract
  • Transition payment
  • Fair compensation in case of serious blame

District Court of The Hague: Prins Clauslaan 60 | Legal Aid Office: Lutherse Burgwal 10