Hearing and Improvement Opportunity Prior to Dismissal in Westland: Employee Rights

# Hearing and Improvement Opportunity Prior to Dismissal in Westland: Employee Rights In the glasshouse horticulture and greenhouses of Westland, where seasonal work and strict labour requirements are common, an employer must hear the employee prior to termination (art. 7:672(2) BW). This provides an opportunity for explanation and improvement, crucial for valid terminations at local companies in places such as Monster or Naaldwijk. ## What is the Hearing Obligation? The employer in Westland invites the employee to a meeting, informs them of the intended dismissal and the specific reason, such as seasonal labour shortages. The employee may defend themselves and be assisted by a trade union or lawyer, for example via FNV Glastuinbouw. ## Improvement Opportunity in Case of Poor Performance In case of poor performance (a-ground), often seen in productivity issues in greenhouses, an improvement trajectory applies: documented in writing with goals such as higher harvest yields and deadlines (art. 7:669(3) BW). At least two months, with interim evaluations at locations such as Honselersdijk. ## Exceptions - No hearing obligation in case of urgent dismissal, such as acute greenhouse contaminations, or employee resignation. - For UWV permission for dismissal in Westland: hearing obligation prior to the application at the UWV office in The Hague. ## Consequences of Non-Compliance Termination null and void; employee may claim continued payment of wages or seek dissolution with compensation. The subdistrict court in The Hague checks strictly, with examples from Westland cases involving horticultural workers. ## Practical Examples in Westland In case of illness: demonstrate a redeployment plan within the horticulture cluster. In case of conduct, such as irregularities in shift work: issue warnings beforehand. Document everything for evidence in local proceedings. Employees in Westland: use the meeting to propose alternatives, such as retraining for automated greenhouse techniques. This strengthens your position. Employers: comply with the hearing obligation for risk-free termination in this flower-rich region. (248 words)