Exceptions to the Dismissal Ban: When Dismissal is Still Allowed?
The dismissal ban for prohibited reasons is not absolute. Learn about the statutory exceptions, so you understand when an employer may still dismiss.
Main Exceptions
According to Article 7:670 paragraph 2 of the Dutch Civil Code (BW), dismissal may still be possible after permission from the UWV or the subdistrict court, provided the urgent reason is unrelated to the prohibited ground. Examples:
- Economic reasons: Business closure or restructuring, independent of personal characteristics.
- Urgent reason: Serious misconduct, such as theft, not related to pregnancy or membership.
- Long-term incapacity for work: After two years of illness, with UWV permission.
| Exception | Condition |
|---|---|
| Business circumstances | UWV permission |
Employers must strictly prove this. In case of doubt, the employee prevails. Always consult a specialist for your situation. (202 words)
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