Employer Liability under the Principle of Audi Alteram Partem in Westland
In Westland, the Netherlands' foremost horticultural region, Article 7:611 of the Dutch Civil Code (BW) applies in cases of workplace accidents: the employer is jointly and severally liable unless lack of fault is proven. The principle of audi alteram partem (hear the other side) is mandatory, involving the exchange of occupational health service reports, witness statements, and inspections of greenhouses or logistics centers.
Employee Rights in Westland
You are entitled to respond to employer investigations, such as those following accidents in greenhouse horticulture or sorting facilities, and to engage your own experts. Wage loss, reintegration, and non-pecuniary damages are subject to the principle of audi alteram partem in UWV (Employee Insurance Agency) procedures, particularly relevant for seasonal workers in Poeldijk or 's-Gravenzande.
- Demonstrate violations of the Working Conditions Decree, e.g., unsafe ladders in greenhouses
- Challenge employer reports with local occupational health and safety inspections
- Submit claims for damages, including career impact and medical expenses
Judges at the District Court of Rotterdam attach significant value to mutual assessment for fair compensation, especially in labor-intensive sectors such as Westland.