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Hearing and Improvement Opportunity Prior to Dismissal: Employee Rights

The hearing and improvement obligation (art. 7:672(2) BW) gives employees an opportunity to defend themselves before dismissal. Learn obligations, exceptions and consequences of non-compliance for valid procedures.

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Hearing and Improvement Opportunity Prior to Dismissal: Employee Rights

Before an employer gives notice of dismissal, it must hear the employee (art. 7:672(2) BW). This provides an opportunity for explanation and improvement, essential for a valid dismissal.

What is the Hearing Obligation?

The employer invites the employee to a meeting, informs them of the intended dismissal and the reason. The employee may defend themselves, assisted by a trade union representative or lawyer.

Improvement Opportunity in Case of Poor Performance

In case of poor performance (a-ground), an improvement trajectory applies: recorded in writing, with goals and deadlines (art. 7:669(3) BW). Minimum of two months, with evaluations.

Exceptions

  • No hearing obligation in case of urgent dismissal or employee-initiated termination.
  • For UWV permission: hearing obligation prior to application.

Consequences of Non-Compliance

Dismissal is null and void; employee may claim continued payment of wages or seek dissolution with compensation. The court checks strictly.

Practical Examples

In case of illness: demonstrate redeployment plan. For conduct: prior warnings. Document everything for evidence.

Employees: use the meeting to propose alternatives, such as retraining. This strengthens position in proceedings. Comply with hearing obligation for risk-free dismissal. (199 words)

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