Written Termination of Employment Contract Westland: Complete Guide for Employer and Employee
In the Westland region, known for its greenhouse horticulture and agricultural sector, proper written termination of the employment contract is crucial under Dutch employment law. Whether you are an employer in the glasshouse horticulture or an employee in a Westland company, this article provides a complete manual with local accents, statutory requirements and practical tips.
What Does Written Termination Mean in Westland?
Written termination is a unilateral termination of the employment contract by the employer or employee. Article 7:672 paragraph 1 of the Dutch Civil Code (BW) requires that this be done in writing. Oral terminations or messages via WhatsApp do not count and can lead to disputes at the District Court of The Hague, the district for Westland.
Other termination methods include court dissolution by the subdistrict court, settlement agreement or automatic end (such as pension).
Statutory Rules: Article 7:672 BW and Westland Practice
Article 7:672 BW states:
- Paragraph 1: Always in writing.
- Paragraph 2: Employer must hear the employee before termination.
- Paragraph 3: Justification mandatory for employer.
- Paragraph 4: Additional rules for dismissal by employer.
Employers in Westland often require UWV permission (Article 7:669 BW), except during probationary period or small businesses. In case of long-term illness (after 104 weeks), specific rules apply.
Requirements for a Valid Written Dismissal
1. Written Form
- Paper letter with signature (standard).
- Registered mail (essential for proof in Westland).
- Email sometimes valid, but risky; avoid apps.
2. Justification
Employers justify with facts, such as underperformance in seasonal work or company economic contraction due to market pressure. Employees rarely need to justify.
3. Hearing Obligation
Preliminary meeting mandatory before letter; otherwise invalid at District Court of The Hague.
4. Deadlines
Statutory: 1-6 months for employers, 1 month for employees. CAOs in Westland (e.g. horticulture) may deviate.
Example Letter Termination by Employer (Westland-specific)
[Company Name, e.g. Westland Tomaten B.V.]
[Address, e.g. Industriestraat 123]
[2681 AH Monster]
[Employee Name]
[Address]
[Postcode Westland]
Monster, [date]
Subject: Termination of employment contract
Dear [Mr./Ms. Name],
Hereby, I terminate your employment contract as of [date], with [X] months' notice period. End date: [date].
Reason: [E.g. company economic reasons due to declining exports in the horticulture sector]. [Explanation with facts].
On [date], you were heard. UWV permission: [date, ref. no.], District Court of The Hague district.
Last working day: [date]. Return company clothing and tools.
Best regards,
[Signature]
[Name Director]
[Westland Tomaten B.V.]
Example Letter Termination by Employee
[Your Name]
[Address in Westland]
[Postcode]
[Company Name]
[Address]
[Place, date]
Subject: Termination of employment contract
Dear [Mr./Ms.],
I terminate my contract with [company]. With [X] months' notice, it ends on [date].
Last day: [date]. I will hand over tasks and return property.
Thank you for the good times in Westland.
Yours sincerely,
[Signature]
[Name]
Local Assistance in Westland
- District Court: District Court of The Hague (Westland district).
- Juridisch Loket: Juridisch Loket Westland for free advice.
- For CAO horticulture: Check UWV for sectoral rules.
Always consult an expert in case of doubt to avoid errors.