Terug naar Encyclopedie
Arbeidsrecht

Dissolution Request Canton Judge Westland: Procedure and Conditions

Discover the procedure and conditions for a dissolution request at the canton judge in Westland. Guide for employers and employees with local tips for the District Court of The Hague.

3 min leestijd

Dissolution Request Canton Judge Westland: Complete Guide for Employers and Employees

A dissolution request at the canton judge is a legal avenue to terminate the employment contract via the court. This is an option for employers and employees in Westland when summary dismissal or a settlement agreement is not feasible. In this article, you will find everything about the procedure, conditions, and specific points of attention for the Westland region, under the jurisdiction of the District Court of The Hague.

What Does a Dissolution Request at the Canton Judge Mean?

This is an official request to the canton judge to dissolve the employment contract. Both employer and employee can file this. The judge assesses whether there is a reasonable ground and may determine compensation. The provision is set out in Article 7:671b of the Dutch Civil Code (BW) and is ideal for structured termination of employment relationships in sectors such as horticulture and greenhouse horticulture, characteristic of Westland.

Statutory Basis: Article 7:671b BW

Article 7:671b BW provides that the canton judge dissolves the employment contract if there is a reasonable ground. The dismissal grounds are:

Reasonable Dissolution Grounds

  1. Business economic reasons (a-ground): Loss of jobs due to economic factors, such as contraction in the Westland greenhouse horticulture.
  2. Long-term illness (b-ground): Incapacity for work >104 weeks without prospect of recovery.
  3. Dysfunction (c-ground): Insufficient performance despite support.
  4. Blameworthy conduct (d-ground): Serious action or omission by employee or employer.
  5. Disturbed relationship (e-ground): Irreparably disturbed work atmosphere.
  6. Refusal to reintegrate (f-ground): Failure to cooperate in redeployment.
  7. Other circumstances (g-ground): Compelling reasons for termination.
  8. Combination grounds (h-ground): Mix of the above grounds.

When to File a Dissolution Request in Westland?

For Employers in Westland

  • Dysfunction after trajectories and coaching in greenhouses or logistics.
  • Disturbed relations in team settings.
  • Reorganization due to market changes in agribusiness.
  • Conduct that does not justify urgent dismissal.
  • Failed negotiations on settlement agreement.

For Employees

  • Non-compliance with obligations by employer, e.g., safety issues in horticulture.
  • Unworkable atmosphere on the shop floor.
  • Blameworthy employer conduct.
  • No prospect of improvement.

Procedure Step by Step

Step 1: UWV or Directly Canton Judge?

For a, b, c, f, g, or h-ground, first UWV permission. For d- and e-ground, directly to canton judge District Court of The Hague (Westland team).

Step 2: Filing the Petition

File with the canton judge of the District Court of The Hague, district where the employee works (Westland). Contents:

  • Details of parties.
  • Dismissal ground(s).
  • Detailed substantiation with evidence (emails, reports).
  • Primary and subsidiary requests.
  • Compensation claim.

Step 3: Court Fee and Hearing Scheduling

Pay court fee; registry summons counterparty and schedules hearing within 4-6 weeks.

Step 4: Response of Defendant

Written response before the hearing.

Step 5: Hearing

Parties explain their position; judge often mediates. Bring a lawyer, consult Juridisch Loket Westland for free advice.

Step 6: Ruling

Judgment within 2-4 weeks with:

  • Grant/rejection.
  • End date.
  • Transition payment.
  • Fair compensation in case of serious blame.

Local Info Westland:

  • Court: District Court of The Hague, The Hague district (location for Westland cases).
  • Juridisch Loket: Juridisch Loket Westland – free consultation hours for employment law advice.