Prohibited Dismissal Reasons in Westland: When May an Employer NOT Dismiss You?
In the Westland region, under the jurisdiction of the District Court of The Hague, strict Dutch dismissal rules apply. Employers may not dismiss employees arbitrarily. The law prohibits dismissal on specific grounds. Discover the prohibited reasons, your rights, and how to protect yourself against unlawful dismissal. Specifically for Westland: consult the Juridisch Loket Westland for free advice.
Statutory Basis: Article 7:670 BW
Central to this is Article 7:670 BW from the Dutch Civil Code. This protects Westland employees against discrimination and unjustified dismissal. Employers may not terminate an employment contract for reasons unrelated to the position or business.
Key laws for dismissal protection in Westland:
- General Equal Treatment Act (AWGB) - Against discrimination
- Equal Treatment Disability/Chronic Illness Act (Wgbh/cz)
- Equal Treatment on Grounds of Age in Employment Act (WGBL)
- Dutch Civil Code Book 7 - Labour law
Complete Overview of Prohibited Dismissal Reasons
The law explicitly lists grounds on which dismissal is prohibited. Here is the overview for Westland:
| Prohibited Reason | Statutory Provision | Explanation |
|---|---|---|
| Pregnancy/childbirth | Art. 7:670(1) BW | Dismissal protection during pregnancy + 6 weeks post-partum |
| Trade union membership | Art. 7:670(2)(a) BW | Protected against dismissal due to union membership |
| Race/origin | Art. 7:646 BW / AWGB | No discrimination on grounds of race, ethnicity or nationality |
| Religion/belief | Art. 7:646 BW / AWGB | Religion may not be a dismissal reason |
| Gender | Art. 7:646 BW / AWGB | Equal treatment of men/women |
| Sexual orientation | Art. 7:646 BW / AWGB | Protection for LGBTQ+ against discrimination |
| Marital status | Art. 7:646 BW / AWGB | No distinction between married/single |
| Political opinion | Art. 7:646 BW / AWGB | Politics may not play a role |
| Age | WGBL / Art. 7:646 BW | Age discrimination prohibited |
| Disability/illness | Wgbh/cz / Art. 7:646 BW | No dismissal solely due to health |
| Part-time/full-time | Art. 7:648 BW | Equal rights for part-timers |
| Contract type | Art. 7:649 BW | No distinction between permanent/temporary |
| Illness (104 weeks) | Art. 7:670(1) BW | Dismissal protection first 2 years of illness |
| Military service | Art. 7:670(5) BW | Protection for conscription |
| Works council/PVT member | Art. 7:670(2) BW | Extra protection for co-determination |
| Leave (parental) | Art. 7:670(3) BW | Dismissal protection during leave periods |
| Whistleblowing | House for Whistleblowers Act | Protection for reporters of misconduct |
Special Protection in Westland
The District Court of The Hague handles Westland cases. In case of suspected unlawful dismissal: contact Juridisch Loket Westland for free legal advice. They assist with objection procedures at the UWV or subdistrict court.
What to Do in Case of Unlawful Dismissal?
- Report within 2 months to UWV/District Court of The Hague
- Gather evidence of discrimination
- Engage Juridisch Loket Westland
- Claim fair compensation
Note: Westland greenhouse companies have collective labour agreements with additional rules. Check your CLA.