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

The hearing and improvement obligation (art. 7:672(2) BW) in Westland gives greenhouse workers a chance to defend themselves prior to dismissal. Learn obligations, exceptions such as in case of greenhouse contaminations, and consequences of non-compliance for valid procedures.

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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)